Opinion
3432.
Decided April 22, 2004.
Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered November 27, 2002, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 25 years, unanimously affirmed.
Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.
Before: Tom, J.P., Saxe, Ellerin, Lerner, JJ.
To the extent that any plea withdrawal application appears in the record, that application was made on different grounds from those asserted on appeal. Therefore, defendant's claim that his plea was rendered involuntary by the court's allegedly coercive remarks and its allegedly inaccurate description of defendant's sentencing exposure is unpreserved ( People v. Ali, 96 N.Y.2d 840), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the plea was voluntary ( see Bordenkircher v. Hayes, 434 U.S. 357, 364). Although some of the court's statements in connection with the plea were ill-advised, the record establishes that at the time the challenged remarks were made, defendant, upon advice of counsel, had already made a decision to plead guilty ( see People v. Irizarry, 295 A.D.2d 121, lv denied 98 N.Y.2d 711). The record fails to support defendant's claim that the court misstated the effect of post-release supervision on defendant's sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.