Opinion
October 3, 1995
Appeal from the Supreme Court, New York County (Charles Tejada, J.).
Defendant's claim that his allocution showed that he did not understand the nature of the depraved indifference murder charge to which he was pleading, and that his plea should not have been accepted, is unpreserved for appellate review as a matter of law since he neither moved to withdraw the plea before sentencing nor to vacate the judgment of conviction on that ground ( People v Claudio, 64 N.Y.2d 858, 859), and we decline to review the claim in the interest of justice. In any event, were we to review it, we would find that the allocution sufficiently established circumstances evincing depraved indifference to human life and defendant's understanding thereof.
Concur — Sullivan, J.P., Ellerin, Rubin, Kupferman and Asch, JJ., concur.