Opinion
September 10, 1990
Appeal from the County Court, Nassau County (Belfi, J.).
Ordered that the judgment is affirmed.
Having previously failed to seek to withdraw his plea of guilty, the defendant may not now, on appeal, attempt to do so for the first time (see, People v. Pellegrino, 60 N.Y.2d 636). In any event, we find that the plea was knowingly, intelligently, and voluntarily offered (see, People v. Harris, 61 N.Y.2d 9) during an allocution in which the defendant admitted his guilt to the instant burglary. Moreover, the restitution imposed by the court was consented to by the defendant and was in satisfaction of other criminal charges (Penal Law § 60.27). Finally, the sentence imposed, which was the minimum allowable under the circumstances, was agreed upon by the defendant as part of his plea and thus may not be challenged as excessive (People v. Kazepis, 101 A.D.2d 816). Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.