Opinion
September 30, 1991
Appeal from the Supreme Court, Queens County (Cohen, J.).
Ordered that the judgment is affirmed.
The defendant failed to move to withdraw his plea of guilty before the court of first instance. Therefore, his claim that his plea was coerced by his lawyer is not preserved for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636; People v Dexter, 135 A.D.2d 648; People v. Coleman, 135 A.D.2d 646). Because the defendant failed to raise his claim of innocence and/or coercion at sentencing, the court had no duty to inquire further to ensure that the plea was knowing and voluntary (see, People v Lopez, 71 N.Y.2d 662; People v. Hladky, 158 A.D.2d 616). We note that there is nothing in the record to substantiate the defendant's contention that he filed a pro se memorandum raising the instant claims in the Supreme Court prior to sentencing. Moreover, on its face, the defendant's plea allocution was perfectly proper and belies his current claim of coercion (see, People v. Harris, 61 N.Y.2d 9, 17). Bracken, J.P., Kooper, Lawrence, Balletta and O'Brien, JJ., concur.