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PEOPLE v. PRATCHER

50 A.D.3d 1063 (2008)

856 N.Y.S.2d 646

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARRY PRATCHER, Appellant.

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

Decided April 22, 2008.

Ordered that the judgments are affirmed.

The defendant argues that his plea allocution was factually insufficient to establish the crimes of robbery in the second degree under indictment No. 739A-06. However, as the defendant failed to move to withdraw his plea prior to sentencing he has not preserved for appellate review the issue of the sufficiency of the plea allocution (see CPL 470.05 [2]; People v Toxey, 86 N.Y.2d 725

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