Opinion
570032/06.
Decided May 21, 2008.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Eileen Koretz, J.), rendered October 12, 2005, convicting him, upon a plea of guilty, of petit larceny, and imposing sentence.
Judgment of conviction (Eileen Koretz, J.), rendered October 12, 2005, affirmed.
PRESENT: McKeon, P.J., Davis, Schoenfeld, JJ.
Defendant's present challenge to the adequacy of his plea allocution is not preserved for appellate review since he failed to move to withdraw his plea or vacate the judgment of conviction ( People v Lopez, 71 NY2d 662, 665), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. A plea of guilty will be sustained in the absence of a factual allocution where, as here, there is no indication that the guilty plea assented to by the defendant in the presence of counsel was improvident or baseless ( see People v Winbush, 199 AD2d 447, 448; People v Moore, 91 AD2d 1050).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.