Defendant appeals from a judgment of the Criminal Court, New York County (Martin Murphy, J.), rendered October 28, 2004, convicting him, upon a plea of guilty, of violating Tax Law § 1814(d), and imposing sentence.

PER CURIAM:

Judgment of conviction (Martin Murphy, J.), rendered October 28, 2004, affirmed.

Defendant's present challenge to the adequacy of his plea allocution is not preserved for appellate review since he failed to move to withdraw his plea or vacate the judgment of conviction (People v Lopez, 71 NY2d 662, 665 [1988]). In any event, a plea of guilty will be sustained in the absence of a factual allocution if there is no suggestion that the guilty plea was improvident or baseless (People v Winbush, 199 AD2d 447, 448 [1993]), particularly where, as here, the defendant was actively represented by privately retained counsel (People v Moore, 91 AD2d 1050 [1983]). We find no indication that the defendant's plea of guilty to a single misdemeanor Tax Law charge in satisfaction of the underlying class D felony and other Tax law charges stemming, inter alia, from his alleged sale of substantial amounts of unstamped and unlawfully stamped cigarettes was improvident or baseless.

This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: February 06, 2006