Opinion
2476-2477
December 10, 2002.
Judgment, Supreme Court, New York County (Laura Visitacion-Lewis, J.), rendered February 9, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years; and judgment, same court (Joan Sudolnik, J.), rendered March 3, 2000, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him, as a second felony offender, to a concurrent term of 8 years, unanimously affirmed.
Jennifer Lin, for respondent.
Dawn E. Scott, for defendant-appellant.
Before: ANDRIAS, J.P., SAXE, ROSENBERGER, LERNER, FRIEDMAN, JJ.
Defendant's challenges to the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged comments drew reasonable inferences from the evidence in fair response to the defense summation (see People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976;People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
The court properly denied defendant's motion to withdraw his plea of guilty to robbery in the second degree. The plea allocution record clearly establishes the voluntariness of defendant's plea, and the court properly rejected his conclusory claims of illness and confusion (see People v. Alexander, 97 N.Y.2d 482).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.