Opinion
March 27, 1990
Appeal from the Supreme Court, New York County (Herbert Altman, J.).
The defendant did not move to withdraw his plea before the imposition of sentence 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). The defendant contends that his plea allocution was incomplete since the court failed to elicit an adequate factual basis for the plea, did not inquire into the voluntariness of the plea, and failed to advise defendant he was foregoing his right to have his guilt proved beyond a reasonable doubt at a trial at which he would be afforded the presumption of innocence.
The record indicates, however, that the defendant knowingly and voluntarily entered his guilty plea. (Boykin v Alabama, 395 U.S. 238, 242.) It is well established that there is no uniform mandatory catechism which the court must elicit to render a defendant's plea appropriate. (People v Nixon, 21 N.Y.2d 338, 353.)
Concur — Sullivan, J.P., Ross, Milonas, Smith and Rubin, JJ.