Opinion
October 9, 2001.
Judgment, Supreme Court, New York County (William Leibovitz, J. at plea; Renee White, J. at sentence), rendered August 13, 1997, convicting defendant of robbery in the third degree and criminal contempt in the first degree, and sentencing him to concurrent terms of 1 to 3 years, unanimously affirmed.
Suzanne M. Herbert, for respondent.
Laura Boyd, for defendant-appellant.
Before: Sullivan, P.J., Nardelli, Williams, Mazzarelli, JJ.
Since defendant failed to move to withdraw his guilty plea or vacate his conviction, his challenge to his factual allocution is unpreserved and we decline to review it in the interest of justice (see, People v. Toxey, 86 N.Y.2d 725). Were we to review this claim, we would find that the court's careful factual allocution clearly established defendant's guilt and that nothing in defendant's remarks suggested a viable justification defense.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.