Opinion
December 11, 1989
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Ordered that the judgment is affirmed.
By failing to move to withdraw her plea prior to the imposition of sentence or to vacate the judgment pursuant to CPL 440.10, the defendant failed to preserve for appellate review any claim of error with respect to the sufficiency of the plea allocution (see, People v Pellegrino, 60 N.Y.2d 636). In any event, where, as here, a defendant negotiates a guilty plea to a lesser crime than that charged in the indictment, there is no need to establish a factual basis for the lesser crime (see, People v Clairborne, 29 N.Y.2d 950; People v Perkins, 89 A.D.2d 956). The record reveals that the plea was knowingly and voluntarily entered and properly accepted by the court (see, People v Harris, 61 N.Y.2d 9).
Inasmuch as the defendant received the precise sentence that she freely bargained for with the capable assistance of competent counsel, she may not now complain that the sentence imposed was excessive (see, People v Kazepis, 101 A.D.2d 816). Mangano, J.P., Kunzeman, Rubin, Eiber and Balletta, JJ., concur.