Opinion
February 20, 1996
Appeal from the Supreme Court, New York County (Rena Uviller, J.).
The People's representation that the complainant, a tourist from abroad, was available to testify at defendant's trial, which defendant asserted to be false when the complainant did not appear at the trial of defendant's accomplice, does not require vacatur of defendant's plea, where, as the sentencing court found, the statement was made in good faith, and the plea was accepted upon admissions establishing defendant's guilt and otherwise appears to have been knowing, voluntary and intelligent ( see, People v. Jones, 44 N.Y.2d 76, 81-82, cert denied 439 U.S. 846). Defendant's other claim that his plea was coerced by the court is unpreserved as a matter of law, and we decline to review it in the interest of justice. If we were to review it, we would find that the comments in question were a balanced discussion of the risks of going to trial.
Concur — Milonas, J.P., Rosenberger, Rubin, Kupferman and Mazzarelli, JJ.