Opinion
March 18, 1993
Appeal from the County Court of Saratoga County (Williams, J.).
Defendant pleaded guilty to the crime of assault in the first degree and was sentenced as a predicate felon to a term of imprisonment of 7 to 14 years. Defendant now appeals, contending that his plea allocution was inadequate and that the sentence he received was harsh and excessive.
We affirm. By failing to move to withdraw his guilty plea or to vacate the judgment of conviction, defendant has failed to preserve for appellate review his claim that the plea allocution was insufficient (see, People v. Lopez, 71 N.Y.2d 662). Nor does the record indicate that the plea allocution negated an element of the crime or otherwise establish that the plea was improvident or baseless so as to compel review on direct appeal (see, supra, at 666; People v. Pierce, 185 A.D.2d 1000; People v Rhodes, 176 A.D.2d 828). Defendant was allowed to plead guilty to one count of assault in the first degree in satisfaction of a seven-count indictment which included more serious charges, and he pleaded guilty knowing that he would receive the sentence ultimately imposed, which was less than the harshest possible sentence. Given these facts, as well as defendant's criminal record, we find no reason to disturb the sentence imposed by County Court (see, People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).
Weiss, P.J., Yesawich Jr., Mahoney, Casey and Harvey, JJ., concur. Ordered that the judgment is affirmed.