Opinion
January 24, 1991
Appeal from the Supreme Court, New York County (Herman Cahn, J.).
As defendant never moved to withdraw his guilty plea, his argument that the elements of robbery in the first degree were not demonstrated in his plea allocution is unpreserved for appellate review as a matter of law. In any event, Penal Law § 160.15 (4) permits conviction of robbery in the first degree when the defendant displays what appears to be a pistol; the factual allocution established this element. Further, pleading guilty, defendant waived any affirmative defense (People v Gilliam, 65 A.D.2d 533), and there is no statement in the allocution which negated the element of intent.
We have examined defendant's remaining contentions and find them to be meritless.
Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Smith, JJ.