Opinion
September 17, 1998
Appeal from the Supreme Court, Bronx County (Robert Straus, J.).
Defendant's claim that his pleas were rendered involuntary by the court's statement, without mention of the mitigating circumstances provision of Penal Law § 70.25 (2-b), that his sentences were required to be consecutive is unpreserved for appellate review ( People v. Hamlet, 227 A.D.2d 203, lv denied 88 N.Y.2d 1021) and we decline to review it in the interest of justice. Were we to review this claim, we would find that the defendant's pleas were knowing and voluntary. Since there were no mitigating factors, there was no misinformation as to the scope of sentence. In any event, there is no reasonable possibility that such "misinformation", if any, could have influenced defendant's decision to accept the offered pleas ( see, People v. Jordan, 215 A.D.2d 257, lv denied 87 N.Y.2d 847).
Concur — Rosenberger, J. P., Ellerin, Nardelli and Williams, JJ.