Opinion
July 12, 1993
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment and the order are affirmed.
The defendant has failed to preserve for appellate review his present claim that his plea allocution was insufficient (see, People v. Lopez, 71 N.Y.2d 662). Nor does the claim fall within the narrow exception to the preservation rule, since his factual recitation did not negate an essential element of the crime (see, People v. Lopez, supra). Although the defendant initially denied any intent to kill the victim, upon further inquiry by the court, he changed his response and admitted that that was his intent when he shot the victim in the head.
Contrary to the defendant's further contention, his trial counsel's failure to move to suppress evidence on the ground that his rights under Payton v. New York ( 445 U.S. 573) were violated did not establish ineffective assistance of counsel, since the motion was not warranted by the facts of this case and counsel otherwise provided meaningful representation (see, People v Baldi, 54 N.Y.2d 137). In any event, "a showing that counsel failed to make a particular pretrial motion generally does not, by itself, establish ineffective assistance of counsel" (People v. Rivera, 71 N.Y.2d 705, 709).
Finally, since the defendant's sentence was the result of a negotiated plea, he has no basis to now complain that it was excessive (see, People v. Kazepis, 101 A.D.2d 816). Sullivan, J.P., Eiber, Pizzuto and Joy, JJ., concur.