Opinion
February 18, 1999
Appeal from the Supreme Court, New York County (George Roberts, J.).
Since defendant did not move to withdraw his plea or to vacate the judgment of conviction, he has not preserved for review his challenge to the sufficiency of the plea allocution (see, People v. Toxey, 86 N.Y.2d 725), and we decline to review it in the interest of justice. Were we to review this claim, we would find that nothing in the allocution cast doubt on defendant's guilt or the voluntariness of his plea. Defendant's remaining claims are based on factual assertions that are not supported by the record.
Concur — Tom, J. P., Mazzarelli, Andrias and Saxe, JJ.