PEOPLE v. BERRIOS

Ordered that the judgments are affirmed.

The defendant's contentions regarding the adequacy of his guilty plea allocutions have not been preserved for appellate review, as he failed to raise these claims in seeking to withdraw his guilty pleas in the court of first instance (see generally, People v. Pellegrino, 60 N.Y.2d 636).

In any event, the defendant's plea of guilty to attempted criminal possession of a weapon in the third degree, a lesser included offense of the crime charged in the indictment, constituted a forfeiture of his right to challenge the factual basis therefor (see, People v. Pelchat, 62 N.Y.2d 97; People v Clairborne, 29 N.Y.2d 950; People v. Burnette, 126 A.D.2d 552, lv denied 69 N.Y.2d 877; People v. Riley, 120 A.D.2d 752). Moreover, we find no merit to the contention that the court should have conducted a more thorough inquiry when the defendant expressed some confusion with regard to the weapons he used in the commission of the instant offenses. Mangano, J.P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.