Opinion
October 5, 1995
Appeal from the Supreme Court, New York County (Herbert Altman, J.).
Defendant's contention that his plea of guilty should be vacated on the basis that he did not specifically recite in his allocution the requisite elements of second degree robbery is unpreserved for review as a matter of law, defendant never having moved to withdraw his plea before sentencing or to vacate the judgment of conviction ( People v. Lopez, 71 N.Y.2d 662, 665). Nor does the case fit within the narrow exception to the preservation doctrine set forth in Lopez ( supra). In any event, were we to review the issue in the interest of justice, we would find that the plea was knowingly, intelligently, and voluntarily entered ( People v. Toxey, 202 A.D.2d 330, affd 86 N.Y.2d 725).
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Tom, JJ.