THE PEOPLE &C., RESPONDENT, v. LILLIAN JOHNSON, A/K/A MARGARET BOYKINS, APPELLANT.

82 N.Y.2d 683, 619 N.E.2d 405, 601 N.Y.S.2d 468 (1993).
July 8, 1993

Submitted by Bruce A. Young, for Appellant.
Submitted by Lisa H. Blitman, for Respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

Charged with participating in a confidence scheme, defendant pleaded guilty to second-degree burglary (Penal Law § 140.25), attempted third-degree grand larceny (id., §§ 110.00, 155.35) and second-degree bail jumping (id., § 215.56) after admitting to having "knowingly entered or remained unlawfully in the dwelling of [the victim] with the intent to commit a crime [therein]." Defendant's present claim that her plea should be vacated because of a defective allocution was not preserved by a timely motion to withdraw her plea pursuant to CPL § 220.60(3) or a motion to vacate the judgment of conviction pursuant to CPL § 440.10 (see, People v Mackey, 77 NY2d 846; People v Lopez, 71 NY2d 662) and, accordingly, may not be considered by this Court.

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On review of submissions pursuant to section 500.4 of the Rules, order affirmed in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Hancock, Bellacosa and Smith concur.