Opinion
October 29, 1992
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
Since defendant did not seek to withdraw the plea at sentence, his present claim that the plea should be vacated in the interest of justice is not preserved (People v Pellegrino, 60 N.Y.2d 636). In any event, it is not necessary that a defendant admit guilt to enter a plea, provided the plea is informed and intelligent (North Carolina v Alford, 400 U.S. 25, 37; People v Friedman, 39 N.Y.2d 463, 466). Such was the case here, it being clear that defendant entered the plea in order to avoid conviction on a greater charge.
Concur — Milonas, J.P., Rosenberger, Ellerin and Rubin, JJ.