Opinion
March 18, 1985
Appeal from the Supreme Court, Kings County (Heller, J.).
Judgment affirmed.
On this appeal defendant argues that the trial court failed to conduct a sufficient inquiry to ascertain whether his plea was entered knowingly, intelligently and voluntarily. The issue was not preserved for review because defendant failed to move to withdraw his plea or to vacate the judgment in the court of first instance ( People v. Pellegrino, 60 N.Y.2d 636). In any case, the plea colloquy was sufficient ( see, People v. Harris, 61 N.Y.2d 9, 16). Defendant's other contention is that the determination of his status for sentencing was erroneous, because the underlying prior conviction failed to meet the constitutional standards set forth in Boykin v. Alabama ( 395 U.S. 238). The plea minutes of the prior conviction, as well as defendant's testimony during the persistent felony offender hearing, support a finding that the prior guilty plea was properly accepted ( see, People v. Harris, supra). Gibbons, J.P., Bracken, O'Connor and Brown, JJ., concur.