Opinion
March 25, 1985
Appeal from the Supreme Court, Kings County (Kuffner, J.).
Judgment affirmed.
Defendant's argument that his plea should be vacated because he was not advised of his right to testify or call witnesses on his own behalf is without merit. Defendant's challenge to the sufficiency of the plea allocution is not preserved for appellate review since he failed to move in the court of first instance to withdraw his plea or vacate the judgment of conviction ( see, CPL 470.05; People v. Hoke, 62 N.Y.2d 1022; People v Pellegrino, 60 N.Y.2d 636; People v. Ortiz, 105 A.D.2d 809; People v. Carrisquello, 106 A.D.2d 513). In any event, the allocution satisfied the requirements of People v. Harris ( 61 N.Y.2d 9) and thus vacatur is not warranted ( see, People v. De Santis, 108 A.D.2d 821).
In addition, the imposed sentence of 8 1/3 to 25 years' imprisonment, which was bargained for by defendant, was not harsh or excessive and thus will not be disturbed on appeal ( People v Kazepis 101 A.D.2d 816; People v. Suitte, 90 A.D.2d 80). Mangano, J.P., Brown, Rubin and Lawrence, JJ., concur.