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PEOPLE v. SMITH

127 A.D.2d 864 (1987)

The People of the State of New York, Respondent, v. Bobby Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 23, 1987

Ordered that the judgment is affirmed.

Since the defendant's motion to withdraw his plea prior to sentencing was not specifically based upon the fact that his factual allocution at the time of the plea was insufficient, his objection to the sufficiency of his allocution was not preserved for appellate review as a matter of law (see, People v Pellegrino, 60 N.Y.2d 636). In any event, this claim is without merit (

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