Opinion
September 24, 1991
Appeal from the Supreme Court, Bronx County, Phylis S. Bamberger, J.
Defendant was jointly indicted with two others and charged with acting in concert in connection with the crimes alleged.
The record indicates clearly that defendant, aided by counsel, entered a knowing, intelligent and voluntary plea, without admitting guilt of specific acts, after the prosecutor set forth on the record strong evidence of defendant's actual guilt, to show that the People could properly prosecute defendant on the ground of acting in concert with others who committed a burglary and arson involving particular building and apartment premises in Bronx County. (See, North Carolina v. Alford, 400 U.S. 25.) Defendant was the landlord of the premises involved. Since a specific apartment was involved in this case, defendant could be held liable for acting in concert with others named in the indictment properly charged with burglary. (Penal Law § 20.05.)
As defendant made no objection to either the plea or sentence proceedings on the ground of an alleged violation of the Interstate Agreement on Detainers, he has failed to preserve the issue for appellate review. (See, e.g., People v. Gooden, 151 A.D.2d 773.) In any event, defendant's utter failure to provide any record on the issue for this Court's review, precludes such review. (See, e.g., People v. Olivo, 52 N.Y.2d 309.) Furthermore, in light of the fact that defendant received the benefit of a most favorable plea bargain in the circumstances, his claim of ineffective assistance of counsel on the ground that his trial counsel failed to argue with respect to the Interstate Agreement on Detainers issue, must fail. (See, People v. Tollinchi, 157 A.D.2d 495.)
Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Rubin, JJ.