[*1]
People v Brown (Shawn)
2008 NY Slip Op 52625(U) [22 Misc 3d 129(A)]
Decided on May 21, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 21, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Davis, Schoenfeld, JJ
570032/06.

The People of the State of New York, Respondent,

against

Shawn Brown, Defendant-Appellant,


Defendant appeals from a judgment of the Criminal


Court of the City of New York, New York County (Eileen Koretz, J.), rendered October 12, 2005, convicting him, upon a plea of guilty, of petit larceny, and imposing sentence.
PER CURIAM:

Judgment of conviction (Eileen Koretz, J.), rendered October 12, 2005, 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]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. A plea of guilty will be sustained in the absence of a factual allocution where, as here, there is no indication that the guilty plea assented to by the defendant in the presence of counsel was improvident or baseless (see People v Winbush, 199 AD2d 447, 448 [1993]; People v Moore, 91 AD2d 1050 [1983]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 21, 2008