Opinion
July 22, 1996
Appeal from the Supreme Court, Queens County (Browne, J.).
Ordered that the judgments are modified, on the law, by vacating the sentences imposed; as so modified, the judgments are affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing.
Since the defendant's motion to withdraw his plea of guilty was not specifically based upon the contention that his factual allocution was insufficient, his objection to the sufficiency of his allocution is not preserved for appellate review ( see, People v. Pellegrino, 60 N.Y.2d 636; People v. Smith, 127 A.D.2d 864). In addition, we reject the defendant's contention that the court improvidently exercised its discretion in denying the motion without conducting a hearing ( see, CPL 220.60; People v. Frederick, 45 N.Y.2d 520, 524-525; People v. Tinsley, 35 N.Y.2d 926; People v. Pantojas, 182 A.D.2d 782).
However, since it is not clear from the record whether the court pronounced sentence on each count of which the defendant was convicted, the defendant must be resentenced ( see, CPL 380.20; People v. Goddard, 112 A.D.2d 379). O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.