Opinion
June 17, 1985
Appeal from the Supreme Court, Kings County (Hayes, J.).
Judgment affirmed.
Defendant's challenge to the sufficiency of the plea allocution is not preserved for appellate review as a matter of law ( see, CPL 470.05; People v. Hoke, 62 N.Y.2d 1022; People v Pellegrino, 60 N.Y.2d 636). In any event, the allocution satisfied the basic requirements of People v. Harris ( 61 N.Y.2d 9) and thus vacatur is not warranted ( see, People v. Moore, 110 A.D.2d 720; People v. De Santis, 108 A.D.2d 821; People v. Schron, 109 A.D.2d 762).
The sentence of 7 to 21 years' imprisonment imposed for manslaughter in the first degree, and which was the product of a negotiated plea, was not an abuse of discretion by the sentencing Judge ( People v. Kazepis, 101 A.D.2d 816). Nor do the facts of this case warrant a substitution of our discretion for that of the sentencing Judge ( see, People v. Suitte, 90 A.D.2d 80; People v. Hyde, 110 A.D.2d 716). Thompson, J.P., Weinstein, Niehoff and Lawrence, JJ., concur.