Opinion
December 2, 1985
Appeal from the Supreme Court, Queens County (Lawrence, J.).
Judgment affirmed.
Defendant failed to properly preserve for appellate review the issue as to the sufficiency of his plea allocution (see, People v Hoke, 62 N.Y.2d 1022; People v Pellegrino, 60 N.Y.2d 636; People v Gonzalez, 110 A.D.2d 909).
In any event, defendant's allocution established the requisite elements of manslaughter in the first degree (see, People v McGowen, 42 N.Y.2d 905; People v Clairborne, 29 N.Y.2d 950). Even assuming, arguendo, that the factual recitation was somewhat incomplete, defendant's plea is not deficient as it appears from the record that the court made a diligent and thorough inquiry and that defendant knowingly, voluntarily and intelligently pleaded guilty (see, People v Harris, 61 N.Y.2d 9; People v Johnson, 107 A.D.2d 713). Furthermore, the bargained-for guilty plea to the lesser charge makes unnecessary a factual basis for the particular crime charged (see, People v Clairborne, supra, at p. 951; People v Wedgewood, 106 A.D.2d 674, 676; People v Price, 105 A.D.2d 557, 558). Finally, under the circumstances of this case, the sentence imposed was not excessive. Mangano, J.P., Brown, Rubin and Lawrence, JJ., concur.