Opinion
April 8, 1985
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Judgment affirmed.
Defendant's challenge to the adequacy of the plea allocution was not raised before Criminal Term by either a motion to vacate the plea or a motion to set aside the judgment of conviction and, accordingly, has not been preserved for review as a matter of law ( People v. Pellegrino, 60 N.Y.2d 636). Nor does the interest of justice warrant review, since the minutes indicate that the plea was entered freely, knowingly and voluntarily ( People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338, cert denied sub nom. Robinson v. New York, 393 U.S. 1067). Further, under the circumstances, the sentence which was imposed in accordance with the terms of the plea agreement was not inappropriate. Gibbons, J.P., Weinstein, Brown and Niehoff, JJ., concur.