Opinion
December 9, 1997
Appeal from the Supreme Court, Bronx County (George Covington, J.).
Defendant's challenges to his plea are unpreserved, since the issues raised by defendant were not raised in his motion to withdraw his plea, and we decline to review them in the interest of justice (see, People v. Mackey, 77 N.Y.2d 846). In any event, defendant's claim that the court was required to accept his initial offer to plead guilty to the top count of one indictment and allow him to proceed to trial on the second indictment is without merit, since the right to plead guilty to an entire indictment without the permission of the court and consent of the People requires a plea to all counts including concurrent counts (CPL 220.10, [3], [4]).
Defendant's initial denial that he displayed what appeared to be a pistol did not engender "`significant doubt'" upon the voluntariness of his plea, particularly given his subsequent admission once the court explained the element (People v. Toxey, 86 N.Y.2d 725, 726).
The nature and extent of the opportunity given defendant to advance his motion to withdraw his plea met the required procedural standard (see, People v. Tinsley, 35 N.Y.2d 926). Furthermore, the minutes of the plea belie defendant's conclusory claims that he pleaded guilty because he was under stress and confused (see, People v. Cruz, 239 A.D.2d 159).
We perceive no abuse of sentencing discretion.
Concur — Sullivan, J. P., Ellerin, Wallach, Williams and Andrias, JJ.