Opinion
June 8, 1995
Appeal from the Supreme Court, New York County (Rena Uviller, J.).
Defendant failed to preserve his current challenge to the factual sufficiency of the plea allocution since he did not move to withdraw his plea under CPL 220.60 or to vacate the judgment of conviction under CPL 440.10 ( People v. Lopez, 71 N.Y.2d 662, 665), and we decline to reach the claim in the interest of justice. In any event, since defendant pled guilty to second degree criminal possession of a controlled substance, a lesser crime than that charged in the indictment, a factual basis for the plea was unnecessary because the allocution established that the defendant acknowledged and understood the charge against him and entered the plea voluntarily ( People v. Johns, 201 A.D.2d 337, lv denied 83 N.Y.2d 854). With regard to the other crimes of which defendant was convicted, the record is clear that defendant sufficiently acknowledged the underlying facts to which he pled, and, having admitted the truth of those allegations, it was not necessary that he recite each of the elements of those crimes ( People v. Galvan, 197 A.D.2d 394). Defendant's explicit waiver of his constitutional rights requisite to taking the plea was sufficient to ensure that the plea was knowing and voluntary and no further inquiry was necessary, there being no uniform mandatory catechism in connection with guilty pleas ( People v Nixon, 21 N.Y.2d 338).
Defendant's pro se claim of ineffective assistance of counsel is unsupported by any record that might have been made pursuant to CPL 440.10 ( People v. Love, 57 N.Y.2d 998).
In the circumstances here presented, and considering defendant's advantageous plea bargain agreement ( People v Rodriguez, 189 A.D.2d 684, lv denied 81 N.Y.2d 892), defendant was provided with meaningful representation ( People v. Baldi, 54 N.Y.2d 137).
By pleading guilty, defendant has waived his right to litigate the issue of his guilt ( People v. Taylor, 65 N.Y.2d 1) or challenge on appeal the sufficiency of the instructions before the Grand Jury ( People v. Butler, 198 A.D.2d 427).
Concur — Murphy, P.J., Rosenberger, Wallach, Williams and Tom, JJ.