Judgment and order affirmed.
Defendant, having "induced the proceeding" ( People v. Foster, 19 N.Y.2d 150, 153) which resulted in his plea when he asked to plead "guilty to assault in the first degree, as necessarily included in the first count" of the underlying murder indictment, may not be heard to complain that the court lacked jurisdiction to accept the foregoing plea to a noninclusory lesser offense ( People v. Ford, 62 N.Y.2d 275; People v. Foster, supra; People v Glover, 57 N.Y.2d 61; CPL 220.20, subd 1). In addition, any contention relating to the alleged insufficiency of the defendant's plea allocution has not been preserved for appellate review ( People v. Pellegrino, 60 N.Y.2d 636; People v. Pascale, 48 N.Y.2d 997, 998; People v. McKenzie, 88 A.D.2d 646) and is not properly before us on the permissive appeal from the order denying his CPL article 440 motion ( People v. McKenzie, supra; CPL 440.10, subd 2). Furthermore, a reversal is not warranted in the interest of justice ( People v. Harris, 61 N.Y.2d 9).
We have considered the defendant's remaining contentions and find them to be without merit. Titone, J.P., Gibbons, Bracken and Weinstein, JJ., concur.