Opinion
June 17, 1999.
Appeal from the Supreme Court, New York County (Martin Rettinger, J.).
While we agree with defendant that his challenge to the voluntariness of his plea survives his waiver of the right to appeal ( People v. Seaberg, 74 N.Y.2d 1, 10), we find, that the record establishes that his plea was voluntary. Nothing in the allocution casts doubt on defendant's guilt. The court's comments on possible sentences in the event of a conviction after trial, however inappropriate, did not rise to the level of being coercive ( see, People v. Cornelio, 227 A.D.2d 248, lv denied 88 N.Y.2d 982).
Concur — Sullivan, J. P., Nardelli, Mazzarelli, Rubin and Andrias, JJ.