Opinion
November 20, 1997
Appeal from the Supreme Court, New York County (James Leff, J.).
The record, viewed in its entirety, is sufficient to establish the voluntariness of defendant's plea (see, People v. Fiumefreddo, 82 N.Y.2d 536, 543). The court's comment that defendant's guilty plea would require waiver of appellate review of his undecided suppression motion was an accurate statement (People v. Fernandez, 67 N.Y.2d 686; People v. Taveras, 187 A.D.2d 317, lv denied 81 N.Y.2d 848) and had no coercive effect. Defendant's factual allocution did not require the court to inquire into the affirmative defense to robbery in the first degree (People v. Toxey, 86 N.Y.2d 725).
Defendant's motion to withdraw his guilty plea was properly denied. The court's review of defendant's written motion, which defendant did not seek to supplement orally, constituted a sufficient inquiry (People v. Swinson, 240 A.D.2d 299).
We have reviewed defendant's remaining contentions and find them to be without merit.
Concur — Murphy, P. J., Milonas, Ellerin, Rubin and Tom, JJ.