Opinion
November 7, 1988
Appeal from the Supreme Court, Suffolk County (D'Amaro, J.).
Ordered that the judgment is affirmed.
The defendant failed to preserve his right to seek appellate review of his plea allocution by failing to move before the court of first instance to withdraw his plea before the imposition of sentence (see, People v. Pellegrino, 60 N.Y.2d 636; People v Pascale, 48 N.Y.2d 997). In any event, the defendant's contention is without merit. Nothing in the defendant's recitation of his participation in the crimes charged indicates that his alleged intoxication at the time of the crimes could have been a realistic defense. Moreover, the defendant's reference before the sentencing court to his intoxicated state appeared designed to elicit the court's sympathy rather than to proclaim his lack of intent to commit the crimes. Under the circumstances of this case, the sentencing court was not required to make further inquiry (see, People v. Suba, 130 A.D.2d 526; People v. Santana, 110 A.D.2d 789, lv dismissed 67 N.Y.2d 656; People v. Barton, 103 A.D.2d 750).
We see no merit to the defendant's argument that his sentence which was imposed pursuant to a negotiated plea bargain was unduly harsh or excessive. Thompson, J.P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.