Since defendant did not move to withdraw his plea or vacate the judgment of conviction, he has not preserved for appellate review his challenge to the sufficiency of the plea allocution and this case does not fall within the narrow exception to the preservation requirement set forth in People v. Lopez ( 71 N.Y.2d 662, 665). Were we to consider defendant's claim in the interest of justice, we would find it to be without merit. Defendant's homicidal intent could be readily inferred from his factual allocution (People v. McGowen, 42 N.Y.2d 905) and his statements to the Probation Department and at sentencing did not require the court to conduct a further inquiry sua sponte (see, People v. Toxey, 86 N.Y.2d 725; see also, People v. Negron, 222 A.D.2d 327, lv denied 88 N.Y.2d 882).
We perceive no abuse of sentencing discretion.
Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.