Opinion
November 5, 1984
Appeal from the Supreme Court, Kings County (Juviler, J.).
Judgment affirmed.
Inasmuch as defendant has failed to raise any objections to the adequacy of the plea allocution in the court of first instance, he has failed to preserve that issue for appellate review as a matter of law ( People v Pellegrino, 60 N.Y.2d 636; People v Pascale, 48 N.Y.2d 997; People v Fernandez, 91 A.D.2d 1073). Nor is reversal warranted in the interest of justice since the record clearly reveals that defendant's plea of guilty was knowingly and voluntarily entered.
There is no merit to either of defendant's contentions that section 70.06 Penal of the Penal Law is unconstitutional (see People v Cates, 104 A.D.2d 895; People v Kepple, 98 A.D.2d 783; People v Caver, 74 A.D.2d 852; People v Brown, 46 A.D.2d 255) or that the sentence imposed upon him in this case is unduly harsh and excessive. Gibbons, J.P., O'Connor, Weinstein and Lawrence, JJ., concur.