Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Kevin McGrath, J.), rendered October 15, 2009, convicting him, upon his plea of guilty, of criminal sale of marijuana in the fourth degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Kevin McGrath, J.), rendered October 15, 2009, affirmed.

Defendant's present challenge to the adequacy of his plea allocution, which does not come within the narrow exception to the preservation requirement, is unpreserved for appellate review since he failed to move to withdraw his guilty plea or seek to vacate the judgment of conviction (People v Lopez, 71 NY2d 662, 665 [1988]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. There is no "uniform mandatory catechism of pleading defendants," only that it be demonstrated that the plea was voluntary, knowing and intelligent (see People v Nixon, 21 NY2d 338, 353 [1967]), cert denied sub nom Robinson v New York, 393 US 1067 [1969]), which is shown by a review of the minutes herein.

Defendant, through counsel, expressly waived the right to be prosecuted upon an information (see People v Connor, 63 NY2d 11, 14 [1984]; cf. People v Casey, 95 NY2d 354, 359 [2000]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 16, 2012