Opinion
February 6, 1996
Appeal from the Supreme Court, New York County (Paul Bookson, J.).
Probable cause to arrest defendant was established based upon evidence of the undercover officer's radio transmission to the back-up team that he had just purchased drugs and providing descriptions of two individuals, one of which clearly applied to defendant ( see, People v. Petralia, 62 N.Y.2d 47, cert denied 469 U.S. 852).
Defendant's challenge to the voluntariness of his plea is unpreserved as a matter of law since he failed to move to withdraw his plea or to vacate the judgment ( see, People v Lopez, 71 N.Y.2d 662). Were we to review the claim, we would find it to be without merit. The plea allocution established that the plea was knowingly, voluntarily and intelligently entered into ( see, People v. Harris, 61 N.Y.2d 9), and defendant's voiced displeasure at sentencing concerning the length of incarceration in no way undermined defendant's clear acknowledgment of his guilt or his prior acceptance of the plea bargain ( see, People v Fiumefreddo, 82 N.Y.2d 536).
Defendant's allegations of inadequate representation are also groundless, defense counsel having provided meaningful representation at both the suppression hearing and in proceedings relating to the plea bargain ( see, People v. Baldi, 54 N.Y.2d 137).
We perceive no abuse of discretion in sentencing.
Concur — Murphy, P.J., Rosenberger, Rubin, Tom and Mazzarelli, JJ.