Opinion
February 19, 1998
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
Defendant's challenge to the sufficiency of his plea allocution is unpreserved for appellate review and without merit, since his factual recitations do not cast significant doubt on his guilt (People v. Toxey, 86 N.Y.2d 725, 726).
Viewed in the light of the presumption of regularity, the record reveals that defendant was properly sentenced on the basis of a sufficiently updated probation report (People v. Martinez, 237 A.D.2d 122, lv denied 90 N.Y.2d 860; People v. Pagan, 172 A.D.2d 233, lv denied 78 N.Y.2d 925).
Concur — Ellerin, J. P., Nardelli, Mazzarelli and Andrias, JJ.