Defendant appeals from a judgment of the Criminal Court, New York County (Matthew F. Cooper, J. at plea; Judith A. Levitt, J., at sentence), rendered March 5, 2003, convicting him, upon a plea of guilty, of petit larceny, and imposing sentence.

PER CURIAM:

Judgment of conviction (Matthew F. Cooper, J. at plea; Judith A. Levitt, J., at sentence), rendered March 5, 2003, affirmed.

After according defendant a sufficient opportunity to be heard, the court properly exercised its discretion in summarily denying defendant's motion to withdraw his guilty plea (see People v Frederick, 45 NY2d 520 [1978]). Defendant's assertion of innocence and his claim of ineffective assistance of counsel were unsubstantiated (see People v Ford, 86 NY2d 397, 404 [1995]), and his claim of "coercion" was based solely on counsel's appropriate warnings of the risks of proceeding to trial (see People v Francis, 253 AD2d 716 [1998]). By failing to raise it in his motion to withdraw his plea, defendant's current challenge to the factual portion of his plea allocution is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would reject it since every element of the crime may be readily inferred from his allocution (see People v McGowen, 42 NY2d 905 [1977]).
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: February 23, 2006