Opinion
August 7, 1989
Appeal from the County Court, Suffolk County (Weissman, J.).
Ordered that upon reargument, the judgment is affirmed.
By failing to challenge the sufficiency of his factual allocution before the trial court, the defendant has not preserved the issue for appellate review as a matter of law (see, People v Lopez, 71 N.Y.2d 662; People v. Pellegrino, 60 N.Y.2d 636). In any event, "[a] bargained guilty plea to a lesser crime makes unnecessary a factual basis for the particular crime confessed" (People v. Clairborne, 29 N.Y.2d 950, 951; see, People v Tavarez, 151 A.D.2d 793). "`[T]here is no suggestion in the record or dehors the record that the guilty plea was improvident or baseless'" (People v. Moore, 91 A.D.2d 1050, quoting from People v. Fooks, 21 N.Y.2d 338, 350, cert denied sub nom. Robinson v. New York, 393 U.S. 1067). Mollen, P.J., Mangano, Brown and Lawrence, JJ., concur.