Opinion
570008/07.
Decided April 15, 2011.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Arthur Birnbaum, J.), rendered September 15, 2006, convicting him, upon a plea of guilty, of theft of services, and imposing sentence.
Judgment of conviction (Arthur Birnbaum, J.), rendered September 15, 2006, affirmed.
PRESENT: HUNTER, Jr., J.P., SCHOENFELD, TORRES, JJ.
Defendant's present challenge to the plea allocution is not preserved for appellate review, since he failed to move to withdraw his plea or vacate the judgment of conviction ( see People v Lopez, 71 NY2d 662, 665), and we decline to review it in the interest of justice ( see People v Greeman , 49 AD3d 463, 464, lv denied 10 NY3d 934; People v Sullivan , 25 Misc 3d 140 [A], 2009 NY Slip Op 52408[U]). Were we to review this claim, we would find that the record establishes that defendant "voluntarily, knowingly and intelligently" pleaded guilty ( People v Fiumefreddo, 82 NY2d 536, 543; see People v Sands , 45 AD3d 414 , 415, lv denied 10 NY3d 816; People v Plaskett, 303 AD2d 276, 277).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.