Opinion
March 23, 1993
Appeal from the Supreme Court, New York County (Brenda Soloff, J.).
Defendant's argument that his second plea should be vacated because of the court's failure to make further inquiries as to its voluntariness before accepting it is unpreserved for appellate review as a matter of law, no motion having been made by defendant to withdraw the plea in the court of first instance (People v. Mackey, 77 N.Y.2d 846). If we were to reach the issue in the interest of justice, we would find that the plea was entered knowingly and voluntarily with the assistance of competent counsel and represented an intelligent choice among the alternatives available to defendant, that defendant was afforded a reasonable opportunity to present his contentions to the court, and that the court was therefore not required to inquire further (People v. Harris, 61 N.Y.2d 9, 19; People v. Billingsley, 54 N.Y.2d 960; People v. Frederick, 45 N.Y.2d 520, 525). Where, as here, the totality of the circumstances demonstrate that the plea was knowingly and voluntarily entered, its validity is not undermined by subsequent protestations of innocence (People v Billingsley, supra). Moreover, defendant had previously pleaded guilty, then reargued, and had his guilty plea vacated. Thereafter, he again pleaded guilty.
We have considered defendant's remaining claims and find them to be without merit.
Concur — Ellerin, J.P., Wallach, Kupferman and Asch, JJ.