Opinion
February 14, 1991
Appeal from the Supreme Court, New York County, Murray Mogul, J., Franklin Weissberg, J.
None of defendant's claims concerning the prosecutor's summation have been preserved by specific objection, and in light of the overwhelming evidence of defendant's guilt, any alleged error would be considered harmless.
With respect to defendant's adjudication as a predicate felon, there was no infirmity in the underlying conviction. Defendant was plainly advised that if he failed to appear for sentencing, the court would not be bound by any sentencing recommendation, nor would defendant be entitled to withdraw his plea. (Cf., Innes v Dalsheim, 864 F.2d 974, cert denied ___, US ___, 107 L Ed 2d 19.)
Concur — Murphy, P.J., Milonas, Ellerin, Ross and Rubin, JJ.