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PEOPLE v. RICHARDSON

Appellate Division of the Supreme Court of New York, Second Department.
Nov 18, 1985

Judgment affirmed.

Defendant failed to raise his objections to the adequacy of his plea allocution in the court of first instance and, accordingly, the issues which he seeks to raise herein are not preserved for appellate review (see, People v Hoke, 62 N.Y.2d 1022; People v Pellegrino, 60 N.Y.2d 636). In any event, we find that the allocution established the requisite elements of attempted burglary in the first degree and that defendant knowingly and intelligently pleaded guilty thereto (see, People v Harris, 61 N.Y.2d 9). Even in the absence of a factual recitation of the underlying circumstances of the crime, a plea of guilty will be sustained if "[t]here is no suggestion in the record or dehors the record that the guilty plea was improvident or baseless" (People v Fooks, 21 N.Y.2d 338, 350, cert denied sub nom. Robinson v New York, 393 U.S. 1067). Therefore, we affirm. Mollen, P.J., Thompson, Brown and Lawrence, JJ., concur.