Opinion
December 3, 1984
Appeal from the Supreme Court, Kings County (Eiber, J.).
Judgment affirmed.
By failing to either move to withdraw his plea of guilty prior to or at the time of sentencing or to move to vacate the judgment pursuant to CPL 440.10, defendant failed to preserve any error of law involving the adequacy of the plea allocution for appellate review (see People v. Pellegrino, 60 N.Y.2d 636; People v Jackson, 101 A.D.2d 893). The interest of justice does not warrant reversal, since the allocution conducted by the court establishes that defendant knowingly and voluntarily pleaded guilty (see People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338, cert den sub nom. Robinson v. New York, 393 U.S. 1067).
We have considered defendant's other contentions and find them to be without merit. Thompson, J.P., O'Connor, Boyers and Lawrence, JJ., concur.