Opinion
January 16, 1990
Appeal from the Supreme Court, New York County, Budd Goodman, J.
The defendant did not move, prior to the imposition of sentence, to withdraw his plea and, accordingly, has not preserved for appellate review his challenge to the sufficiency of the plea allocution (People v. Lopez, 71 N.Y.2d 662; People v Pellegrino, 60 N.Y.2d 636). Were we to consider it in the interest of justice, however, we would nonetheless affirm, finding it to be without merit, since the record amply demonstrates that the defendant knowingly and voluntarily entered his guilty plea before the court accepted the plea (Boykin v. Alabama, 395 U.S. 238, 242; People v. Harris, 61 N.Y.2d 9, 17).
Finally, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms" (People v. Felman, 141 A.D.2d 889, 890, lv denied 72 N.Y.2d 918).
Concur — Sullivan, J.P., Asch, Kassal, Smith and Rubin, JJ.