People v. Aponte

Defendant’s challenge to the sufficiency of the plea allocution is not preserved for appellate review as a matter of law (see, CPL 470.05 [2]; People v Hoke, 62 NY2d 1022; People v Pellegrino, 60 NY2d 636). In any event, the allocution satisfied the requirements of People v Harris (61 NY2d 9) and thus vacatur is not warranted (see, People v De Santis, 108 AD2d 821); People v Schron, 109 AD2d 762).

We note that during the plea proceedings, the court promised to sentence defendant to five years to life imprisonment in exchange for his guilty plea. Defendant indicated his acceptance of such a…