Opinion
December 7, 1992
Appeal from the Supreme Court, Suffolk County (Mullen, J.).
Ordered that the judgment is affirmed.
The defendant having failed to move to withdraw his plea or to vacate the judgment of conviction, his current claims of error are not preserved for appellate review (People v Lopez, 71 N.Y.2d 662; People v Pellegrino, 60 N.Y.2d 636).
In any event, we note that it is entirely proper for the court to conduct the plea allocution, as was done here, with the participation of the prosecuting attorney (People v Empey, 141 A.D.2d 987). Nor did the defendant's remark at sentencing that he was "forced" to plead guilty because of the overwhelming strength of the evidence against him, constitute a claim of innocence such that the court should have sua sponte held a hearing or offered to permit the defendant to withdraw his plea. Moreover, we note that there is no evidence in the record that the defendant "was in fact innocent or in any way coerced", in the absence of which the plea will not be disturbed (People v Jackson, 171 A.D.2d 883, 884). Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.