Opinion
(1020) KA 00-02171.
September 28, 2001.
(Appeal from Judgment of Ontario County Court, Doran, J. — Attempted Robbery, 1st Degree.)
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, SCUDDER AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
By failing to move to withdraw her plea of guilty or vacate the judgment of conviction, defendant has failed to preserve for our review her contention that the plea allocution with respect to the charges of attempted robbery in the first degree (Penal Law § 110.00, 160.15) and assault in the second degree (Penal Law § 120.05) was insufficient ( see, People v. Lopez, 71 N.Y.2d 662, 665). In any event, it is well settled that "there is no legal distinction between liability as a principal or criminal culpability as an accomplice" ( People v. Rivera, 84 N.Y.2d 766, 769; see, People v. Duncan, 46 N.Y.2d 74, 79-80, rearg denied 46 N.Y.2d 940, cert denied 442 U.S. 910, rearg dismissed 56 N.Y.2d 646). "In view of defendant's own admissions, it is evident that the allocution was legally sufficient and that [her] plea of guilty was properly accepted" ( People v. King, 114 A.D.2d 424).