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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCELLUS LAWRENCE, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered October 28, 1981, convicting him of robbery in the second degree and criminal possession of a weapon in the third degree, upon a plea of guilty, and imposing sentence. ¶ Judgment affirmed. ¶ By failing to make a motion to withdraw the plea, defendant has failed to preserve the issue of the sufficiency of the allocution for appellate review (see, e.g., People v Pellegrino, 60 N.Y.2d 636; People v Asep, 97 A.D.2d 798; People v Collins, 97 A.D.2d 859). Review in the interest of justice is not warranted (cf. People v Diaz, 97 A.D.2d 851) as the allocution met the minimum requirements of People v Harris ( 61 N.Y.2d 9; see, also, People v Fishon, 97 A.D.2d 773). Defendant's pro se claims concerning the adequacy of counsel involve matters dehors the record and, thus, are more properly the focus of collateral proceedings (see People v Drummond, 99 A.D.2d 760). Mollen, P.J., Titone, Lazer and Mangano, JJ., concur.

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PEOPLE v. LAWRENCE
(Apr 23, 1984)