PEOPLE v. HEREIDA

Defendant's plea allocution was adequate inasmuch as he admitted possession and dominion and control of narcotics in his codefendant's apartment (People v Sierra, 45 N.Y.2d 56, 60). In any event, his plea to criminal possession of a controlled substance in the second degree, a lesser included offense of one of the crimes charged in the indictment, served to forfeit his right to challenge the factual basis of the plea (People v Pelchat, 62 N.Y.2d 97, 108; People v Clairborne, 29 N.Y.2d 950).

Further, we find that defendant's sentence was not excessive.

Concur — Milonas, J.P., Rosenberger, Ross and Asch, JJ.