Opinion
March 15, 1993
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment is modified, on the law, by providing that the terms of imprisonment shall be served concurrently; as so modified, the judgment is affirmed.
The defendant's challenge to the factual sufficiency of his plea allocution is not preserved for appellate review since he failed to move prior to the imposition of sentence to withdraw his plea based on this ground (see, People v. McVay, 148 A.D.2d 474). Moreover, reversal in the exercise of our interest of justice jurisdiction is not warranted since the defendant accepted a bargained-for plea to a lesser offense than that charged in the indictment (see, People v. McVay, supra).
Since the defendant's act of stabbing his victim, for which he was convicted of manslaughter in the first degree, was a material element of the robbery in the first degree conviction (i.e., he caused serious injury to the victim in immediate flight from forcibly stealing property from the victim), the sentences for these two crimes should run concurrently with each other (see, Penal Law § 70.25; People v. Day, 73 N.Y.2d 208, 211). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.