Opinion
May 29, 1990
Appeal from the Supreme Court, New York County (Jerome Hornblass, J.).
The defendant did not move to withdraw his plea prior to the imposition of sentence or to vacate the judgment of conviction and, therefore, has not preserved his challenge to the sufficiency of the plea allocution for appellate review as a matter of law. (People v. Lopez, 71 N.Y.2d 662; People v Pellegrino, 60 N.Y.2d 636.)
Were we to consider defendant's challenge to the plea allocution in the interest of justice, we would nonetheless affirm, finding that contention to be without merit, since the record amply demonstrates that the defendant knowingly and voluntarily entered his guilty plea, and that he made a sufficient factual allocution with respect to his entry of the premises. (Boykin v. Alabama, 395 U.S. 238, 242; People v Harris, 61 N.Y.2d 9, 17.)
Concur — Sullivan, J.P., Ross, Kassal, Ellerin and Wallach, JJ.