Opinion
January 17, 1989
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the amended judgment is affirmed.
The defendant's challenge to the sufficiency of his plea allocution has not been preserved for appellate review since he did not seek to withdraw his plea at any time prior to sentencing (see, People v Pellegrino, 60 N.Y.2d 636).
In any event, under the circumstances herein, the court properly adjudicated the defendant in violation of probation based upon his plea of guilty (see, CPL 410.70; People v Lombardo, 108 A.D.2d 873, 874; People v Pons, 134 A.D.2d 378).
We find no basis for concluding that the sentence, which was the product of a negotiated plea, requires modification in the interest of justice (see, People v Kazepis, 101 A.D.2d 816; People v Suitte, 90 A.D.2d 80).
Finally, we note that contrary to defendant's contention the material referred to by the People was not dehors the record. Mollen, P.J., Brown, Kunzeman and Kooper, JJ., concur.