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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WILLIAMS, True Name PETER FUNCHESS, Appellant.

Ordered that the judgment is affirmed.

Having failed to raise any objections to the adequacy of his plea allocution in the court of first instance, the defendant failed to preserve this claim for appellate review as a matter of law (see, People v. Pellegrino, 60 N.Y.2d 636). In any event, we find that the plea was knowingly and voluntarily entered with a full understanding of its consequences (see, People v. Harris, 61 N.Y.2d 9). The plea allocution clearly indicated that the defendant's acts were intentional and, under the circumstances, the sentencing court was not required to conduct further inquiry with respect to the defendant's state of mind (see, People v Santana, 110 A.D.2d 789, lv dismissed 67 N.Y.2d 656).

Finally, we find that the defendant was properly adjudicated as a predicate felon as he voluntarily and knowingly pleaded guilty in 1976 to the predicate felony offense. Moreover, the sentence imposed herein was in accordance with the plea bargain (see, People v. Kazepis, 101 A.D.2d 816). Thompson, J.P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.

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PEOPLE v. WILLIAMS
(Jul 13, 1987)