Opinion
November 5, 1992
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
Defendant's plea allocution was adequate inasmuch as he admitted possession and dominion and control of narcotics in his codefendant's apartment (People v Sierra, 45 N.Y.2d 56, 60). In any event, his plea to criminal possession of a controlled substance in the second degree, a lesser included offense of one of the crimes charged in the indictment, served to forfeit his right to challenge the factual basis of the plea (People v Pelchat, 62 N.Y.2d 97, 108; People v Clairborne, 29 N.Y.2d 950).
Further, we find that defendant's sentence was not excessive.
Concur — Milonas, J.P., Rosenberger, Ross and Asch, JJ.