Opinion
January 24, 1985
Appeal from the County Court of Albany County (Clyne, J.).
Defendant contends that his negotiated plea of guilty, which resolved three pending criminal matters against him, should be set aside because the allocution attendant to the plea of guilty did not contain a recital of facts sufficient to sustain a conviction for the crime confessed.
Since defendant has failed to raise this issue by a motion to vacate or otherwise in the court of first instance, this allegation of error has not been preserved for review (see People v. Warren, 47 N.Y.2d 740; People v. Hurlburt, 97 A.D.2d 618). In any event, a plea given as a result of plea bargaining need not contain a factual basis for the particular crime confessed ( People v Clairborne, 29 N.Y.2d 950).
The sentence imposed by County Court was not an abuse of discretion and thus will not be disturbed by this court ( People v. Miller, 74 A.D.2d 961).
Judgment affirmed. Kane, J.P., Main, Casey, Weiss and Mikoll, JJ., concur.