Opinion
December 7, 1993
Appeal from the Supreme Court, Bronx County (George Covington, J.).
Defendant's motion to withdraw his guilty plea was properly denied, there being no showing that his decision to plead guilty was based on a misapprehension of fact (see, People v Reinoso, 188 A.D.2d 280, lv denied 81 N.Y.2d 793), or was otherwise not knowing and voluntary (see, People v Frederick, 45 N.Y.2d 520). Defendant's claim that the court erred in not informing him of his right under CPL 380.50 to speak at sentencing is not preserved, such omission never having been brought to the court's attention (see, People v Green, 54 N.Y.2d 878). We decline to reach it in the interest of justice. If we were to reach the issue, we would find that there was substantial compliance with the statute (see, People v McClain, 35 N.Y.2d 483, 491, cert denied sub nom. Taylor v New York, 423 U.S. 852).
Concur — Rosenberger, J.P., Ellerin, Ross and Asch, JJ.