Opinion
January 28, 1985
Appeal from the Supreme Court, Kings County (Owens, J.).
Judgment affirmed.
By failing to apply to the court of first instance to withdraw his guilty plea or vacate the judgment of conviction, the defendant has not preserved the sufficiency of his plea allocution for appellate review (see People v. Pellegrino, 60 N.Y.2d 636; People v. Mattocks, 100 A.D.2d 944). In any event, the record reveals that the defendant voluntarily, knowingly and intelligently entered his guilty plea ( People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338, cert den sub nom. Robinson v New York, 393 U.S. 1067) and that a sufficient factual basis existed to sustain the conviction (see People v. Cherry, 59 A.D.2d 722). Furthermore, there is no basis on this record warranting a modification of the sentence (see People v. Suitte, 90 A.D.2d 80).
We have considered defendant's other contentions and have found them to be without merit. O'Connor, J.P., Weinstein, Lawrence and Eiber, JJ., concur.