Opinion
June 29, 1987
Appeal from the Supreme Court, Kings County (Aiello, J.).
Ordered that the judgment is affirmed.
The defendant's challenge to the sufficiency of the plea allocution was not preserved for appellate review (see, People v Pellegrino, 60 N.Y.2d 636; People v Santiago, 100 A.D.2d 857). Even assuming the absence of a complete factual allocution, reversal is not required in the interest of justice because it appears from the record that the plea was knowingly and voluntarily entered with the assistance of counsel, and there is no suggestion that the plea was improvident or baseless (see, People v Harris, 61 N.Y.2d 9, 16-17; People v Langhorn, 119 A.D.2d 844, lv denied 68 N.Y.2d 758; People v Demonde, 111 A.D.2d 867; People v Santiago, supra). In any event, a factual allocution is unnecessary where, as here, the plea is to a lesser crime than that charged in the indictment (see, People v Clairborne, 29 N.Y.2d 950; People v Burnette, 126 A.D.2d 552).
Finally, the defendant has no basis to complain that the sentence was excessive (see, People v Kazepis, 101 A.D.2d 816). Thompson, J.P., Bracken, Lawrence and Harwood, JJ., concur.