Opinion
March 4, 1991
Appeal from the County Court, Dutchess County (Hillery, J.).
Ordered that the judgment is affirmed.
The defendant's failure to move to withdraw his plea at any time prior to sentencing leaves his challenge to the sufficiency of the plea allocution unpreserved for appellate review (see, People v Pellegrino, 60 N.Y.2d 636; People v Vulpis, 159 A.D.2d 530). In this case, there is no claim that the defendant did not enter into the plea agreement knowingly and he should not be heard at this juncture to complain that it was insufficient to sustain his conviction of burglary in the first degree.
The sentence should not be modified as it was the product of a negotiated plea agreement and the defendant has no cause to complain that it is unduly harsh or excessive (see, People v Kazepis, 101 A.D.2d 816; People v Boatwright, 159 A.D.2d 510). In light of the vicious attack and the heinous nature of the crime, we do not find that the concurrent indeterminate terms of 6 to 12 years imprisonment are excessive. Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.