Opinion
June 14, 1993
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the judgment is affirmed.
The defendant did not move to withdraw his plea of guilty, with the result that he has not preserved for appellate review his claim that his plea allocution was defective (see, People v Bell, 47 N.Y.2d 839; People v. Bresciano, 165 A.D.2d 815; People v Ward, 165 A.D.2d 820; People v. Jones, 109 A.D.2d 893). This case does not fit within the narrow exception to the preservation doctrine set forth in People v. Lopez ( 71 N.Y.2d 662) and People v. Serrano ( 15 N.Y.2d 304). In his factual allocution, the defendant stated that he held his hand inside his pocket so as to simulate a gun and, on one occasion, he told his victim that he had a gun. These statements did not negate an element of the crimes to which he pleaded but actually were admissions of the element "[d]isplay[ed] what appear[ed] to be a pistol [or] revolver" (Penal Law § 160.15). Since this plea was part of a knowing and voluntary bargain, we decline to exercise our interest of justice jurisdiction to review the defendant's contention.
To the extent that our decisions in People v. LeGrand ( 155 A.D.2d 482), People v. Royster ( 91 A.D.2d 1074), and People v Hassan ( 79 A.D.2d 713) are to the contrary, they should not be followed. Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.