Opinion
May 13, 1991
Appeal from the County Court, Nassau County (Winick, J.).
Ordered that the judgment is affirmed.
The defendant's generalized assertion, made prior to sentencing, that he had re-evaluated his legal options and wished to litigate the propriety of the seizure of the contraband on which his judgment of conviction is premised, did not entitle him to withdraw his guilty plea (cf., People v Dixon, 29 N.Y.2d 55; People v Nixon, 21 N.Y.2d 338, cert denied sub nom. Robinson v New York, 393 U.S. 1067). The record here establishes that the defendant's guilty plea "was voluntarily made with advice of counsel following an appraisal of all the relevant factors" (People v Dixon, supra, at 57; see also, People v Washington, 156 A.D.2d 496) and the denial of the defendant's presentence motion to vacate his guilty plea was a proper exercise of discretion (see, CPL 220.60).
The defendant's claims that his plea was without sufficient factual basis and that the County Court should have sentenced him in accordance with an obvious misstatement by the court, made at the plea allocution, regarding the sentencing commitment, are raised for the first time on appeal and are thus not preserved for appellate review (see, People v Lopez, 71 N.Y.2d 662, 665; People v Pellegrino, 60 N.Y.2d 636; People v Hladky, 158 A.D.2d 616; People v Esposito, 157 A.D.2d 850; People v Robinson, 156 A.D.2d 598; People v Williams, 156 A.D.2d 497). Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.