Opinion
November 9, 1989
Appeal from the Supreme Court, Bronx County, Burton Roberts, J., Lawrence Tonetti, J.
The defendant did not move prior to the imposition of sentence to withdraw his plea, and therefore, has not preserved for appellate review his challenge to the sufficiency of the plea allocution (People v Pellegrino, 60 N.Y.2d 636). Nor is reversal warranted in the interest of justice. The defendant contends that his plea allocution was incomplete. However, the record amply demonstrates that the defendant knowingly and voluntarily entered his guilty plea (Boykin v Alabama, 395 U.S. 238, 242). It is established that there is no uniform mandatory catechism required to render a defendant's plea appropriate (People v Nixon, 21 N.Y.2d 338, 353).
Defendant pleaded guilty with the understanding that he would receive the sentence which was actually imposed. Under the circumstances of this case, defendant has no basis to complain that his sentence was excessive.
Concur — Murphy, P.J., Kupferman, Carro, Kassal and Wallach, JJ.