Opinion
August 4, 1994
Appeal from the Supreme Court, New York County (Carol Berkman, J.).
Since defendant never moved before the trial court to withdraw his plea (CPL 220.60) or to vacate the judgment of conviction (CPL 440.10), he has not preserved for appellate review the issue of the voluntariness of his plea (People v. Lopez, 71 N.Y.2d 662), and we decline to consider it in the interest of justice. Were we to consider this issue, we would deem it to be without merit since an examination of the record indicates that defendant's guilty plea was voluntarily and knowingly entered. We find no abuse of discretion in the sentence imposed.
Concur — Sullivan, P.J., Wallach, Ross, Rubin and Tom, JJ.