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The PEOPLE, etc., respondent, v. JOHN NAGLIERI, appellant. (Ind. Nos. 964/96, 2966/96, and 859/97)

DECISION ORDER

ORDERED that the appeal from the amended judgment is dismissed as withdrawn; and it is further,

ORDERED that the judgments are affirmed.

The defendant's claim that the court improperly imposed a sentence greater than the one promised in the plea agreement on his conviction of criminal contempt is not preserved for appellate review. The defendant did not object to the sentence imposed, move to vacate his plea of guilty, or move to vacate the judgment of conviction after sentence ( see, People v. Griffin, 250 A.D.2d 862; People v. Gayle, 224 A.D.2d 710; People v. Lanterman, 194 A.D.2d 630).

There is no merit to the defendant's claim that the court improperly accepted his plea of guilty to attempted burglary in the third degree because his allocution negated an essential element of the crime. Our review of the record indicates that the court's subsequent inquiry was sufficient to ensure that the defendant's plea was knowing and voluntary ( see, People v. Lopez, 71 N.Y.2d 662; People v. Sierra, 256 A.D.2d 598 [2d Dept., Dec. 28, 1998]).

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PEOPLE v. NAGLIERI
(Jun 7, 1999)