People v. Blount — 129 A.D.2d 719

Majority

p. 719

The People of the State of New York, Respondent, v Willie E. Blount, Appellant.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered August 26, 1985, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

By failing to move in the court of first instance to withdraw his plea, the defendant failed to preserve for appellate review the issue of the sufficiency of the plea allocution (see, People v Pellegrino, 60 NY2d 636 ; People v Gonzalez, 110 AD2d 909 , lv denied 66 NY2d 615 ; People v Santiago, 100 AD2d 857 ). Nor is reversal warranted in the interest of justice inasmuch as the plea allocution satisfied the requirements of People v Harris ( 61 NY2d 9 ; see also, People v Buckhannon, 108 AD2d 818 ).

Inasmuch as the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed, he has no basis to complain on appeal

p. 720

that his sentence was excessive (see, People v Kazepis, 101 AD2d 816 ). We have considered the remaining contentions raised by the defendant and find them to be without merit. Mollen, P. J., Brown, Weinstein, Eiber and Harwood, JJ., concur.

Cases cited

People v. Pellegrino 60 NY2d 636 N.Y. 1983-09-07 p. 719
People v. Harris 61 NY2d 9 N.Y. 1983-12-15 p. 719
People v. Buckhannon 108 AD2d 818 N.Y. App. Div. 1985-02-11 p. 719