Opinion
May 13, 1996
Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).
Ordered that the judgment is affirmed.
The defendant's challenge to the sufficiency of his plea allocution is not preserved for appellate review since he failed to move prior to the imposition of sentence to withdraw his plea based on this ground ( see, People v. Pellegrino, 60 N.Y.2d 636; People v. Young, 191 A.D.2d 605; People v. McVay, 148 A.D.2d 474). Nor would reversal be warranted in the exercise of our interest of justice jurisdiction. A defendant who accepts a bargained-for plea to a lesser offense than that charged in the indictment may not challenge the factual basis for the plea ( see, People v Clairborne, 29 N.Y.2d 950; People v. Young, supra; People v. McVay, supra). In any event, the record amply demonstrates that the defendant knowingly and voluntarily entered his plea ( see, People v. Harris, 61 N.Y.2d 9), and there is no suggestion that the allocution cast significant doubt on his guilt ( see, People v Lopez, 71 N.Y.2d 662).
The defendant's sentence was not excessive ( see, People v Suite, 90 A.D.2d 80). Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.