People v. Pendergrass

Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered November 30, 1981, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

Defendant’s contention that the plea allocution was deficient is not preserved for review on the appeal from this judgment because defendant failed to move to withdraw his plea before sentencing (see, People v Claudio, 64 NY2d 858; People v Pellegrino, 60 NY2d 636; People v Vanier, 110 AD2d 980). Defendant additionally argues that Penal Law § 70.06 is an ex…