Opinion
April 22, 1993
Appeal from the Supreme Court, New York County (Frederic Berman, J.).
Defendant contends that he did not knowingly or voluntarily waive his right to appeal. However, by failing to make any motion to vacate the plea, or indeed to make any objection on the record, he has failed to preserve this issue for appellate review (People v Rodriguez, 180 A.D.2d 654, 655, lv denied 79 N.Y.2d 1006), and we decline to consider this contention in the interest of justice. Were we to consider this contention, we would find it to be without merit (see, People v Diaz, 189 A.D.2d 574, 576). Nor do we find the sentence imposed excessive (see, People v Colon, 77 A.D.2d 370).
Concur — Milonas, J.P., Ellerin, Asch, Kassal and Rubin, JJ.