Opinion
April 24, 1995
Appeal from the Supreme Court, Queens County (Flug, J., Cooperman, J.).
Ordered that the judgment rendered February 2, 1994, is modified, on the law, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing; and it is further,
Ordered that the judgment rendered February 14, 1994, is affirmed.
The defendant's contention that his plea allocutions were defective because they were devoid of any admission of guilt is unpreserved for appellate review (see, People v Mackey, 77 N.Y.2d 846; People v Lopez, 71 N.Y.2d 662; People v Pellegrino, 60 N.Y.2d 636). In addition, the defendant's factual recitations did not cast significant doubt upon his guilt. Thus, the trial court had no duty to inquire further to ensure that the defendant's pleas were knowing and voluntary (see, People v Lopez, supra).
With respect to the defendant's conviction under Indictment No. 4271/91, the record is unclear as to whether the procedures required by CPL 400.21 were followed. Accordingly, the matter is remitted to the Supreme Court for resentencing. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.