Opinion
July 15, 1996
Appeal from the Supreme Court, Kings County (Demarest, J.).
Ordered that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of the plea allocution is precluded because he pleaded guilty to a lesser offense than that charged in the indictment (People v Pelchat, 62 N.Y.2d 97, 108; see, People v. Williams, 185 A.D.2d 260; People v. Nunez, 177 A.D.2d 656), and, in any event, is without merit (see, Penal Law § 160.10 [a]). Moreover, the court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his guilty plea (see, People v. Pettway, 140 A.D.2d 721).
Finally, the defendant was not denied the effective assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137). Mangano, P.J., Thompson, Florio, McGinity and Luciano, JJ., concur.