Majority
p. 789The People of the State of New York, Respondent, v Barry Shelton, Appellant.
p. 790
Defendant’s claims regarding the sufficiency of the plea allocution are unpreserved for appellate review as a matter of law (CPL 470.05 [2]; People v Pellegrino, 60 NY2d 636 ; People v Mattocks, 100 AD2d 944 ). Moreover, reversal is not warranted in the interest of justice because the record of the allocution establishes that defendant knowingly and voluntarily pleaded guilty (see, People v Harris, 61 NY2d 9 ; People v Nixon, 21 NY2d 338 , cert denied sub nom. Robinson v New York, 393 US 1067 ).
Finally, we perceive no basis for concluding that the sentence imposed, which was the product of a negotiated plea, warrants modification in the interest of justice (People v Kazepis, 101 AD2d 816 ; People v Suitte, 90 AD2d 80 ). Titone, J. P., Thompson, Bracken and Rubin, JJ., concur.
Cases cited
- People v. Pellegrino 60 NY2d 636 p. 790
- People v. Harris 61 NY2d 9 p. 790
- People v. Nixon 21 NY2d 338 p. 790
- People v. Suitte 90 AD2d 80 p. 790