Opinion
July 24, 1995
Appeal from the County Court, Dutchess County (Hillery, J.).
Ordered that the judgment is affirmed.
The defendant's challenge to the adequacy of his plea allocution has not been preserved for appellate review ( see, People v. Pellegrino, 60 N.Y.2d 636; People v. Walker, 185 A.D.2d 951). "The defendant made no motion to withdraw his guilty plea prior to sentencing and, although he did make a motion to vacate the judgment pursuant to CPL article 440, that motion is not before us on the present appeal from the judgment of conviction. Any issue of law concerning the adequacy of his plea allocation, therefore, is not preserved for appellate review" ( People v Esposito, 157 A.D.2d 850, citing People v. Pellegrino, supra; People v. Pascale, 48 N.Y.2d 997; see also, People v. Mathie, 194 A.D.2d 630; People v. Williams, 185 A.D.2d 260). Moreover, under the circumstances of this case, we decline to reach the issue in the exercise of our interest-of-justice jurisdiction. Bracken, J.P., Rosenblatt, Krausman and Goldstein, JJ., concur.