Opinion
April 18, 1996
Appeal from the County Court of Montgomery County (Aison, J.).
Defendant pleaded guilty to perjury in the first degree and a sentence of imprisonment was imposed. On appeal, he raises several arguments related to the sufficiency of his plea allocution. However, by failing to move to withdraw his plea or to vacate the judgment of conviction, defendant has failed to preserve his challenge to the plea allocution ( see, People v Colon, 217 A.D.2d 725, 726). In any event, we have examined defendant's claim that his guilty plea was not knowing and voluntary and find it to be without merit. Although defendant points out that his first language is not English, a Spanish interpreter was present at all stages of the proceedings and there is no evidence that defendant had any trouble understanding the interpreter ( see, People v. Mohammed, 208 A.D.2d 1118, lv denied 85 N.Y.2d 941). Further, despite defendant's arguments to the contrary, his answers to County Court's thorough questions were not "unresponsive" but instead demonstrated that defendant fully comprehended the nature of the proceedings and knowingly entered his plea ( see, supra; People v. Slack, 177 A.D.2d 754, 755, lv denied 79 N.Y.2d 953).
Defendant's remaining arguments have been examined and found to be unpersuasive.
Mikoll, J.P., Mercure, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.