Opinion
October 28, 1993
Appeal from the Supreme Court, New York County (Herbert Altman, J.).
Defendant's claim that his plea allocution failed to establish a voluntary and intelligent waiver of his constitutional rights and the elements to which he was pleading beyond a reasonable doubt is unpreserved for appellate review as a matter of law since defendant never moved to withdraw the plea (People v Brown, 188 A.D.2d 414, lv denied 81 N.Y.2d 837), and we decline to review in the interest of justice. If we were to review, we would find that the minutes of the plea demonstrate that defendant admitted to forcibly taking money from a supermarket while one of his cohorts displayed a shotgun, and that the court informed defendant of the constitutional rights he was waiving by pleading guilty and of the sentence that had been negotiated (see, People v. Montford, 134 A.D.2d 207, lv denied 70 N.Y.2d 1009).
We have reviewed defendant's argument that the sentence is excessive and find it to be without merit.
Concur — Carro, J.P., Rosenberger, Ellerin and Kassal, JJ.