Opinion
September 14, 1998
Appeal from the County Court, Orange County (Berry, J.).
Ordered that the judgment is affirmed.
The defendant's plea of guilty was knowingly and voluntarily entered ( see, People v. Harris, 61 N.Y.2d 9). By failing to move under CPL 220.60 (3) to withdraw his plea before sentencing, or to vacate the judgment of conviction under CPL 440.10, the defendant failed to preserve his challenge to the factual sufficiency of the plea ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Doolittle, 231 A.D.2d 586; People v. Hicks, 201 A.D.2d 831, 832; People v. Selnik, 194 A.D.2d 472; People v. Kubik, 186 A.D.2d 271). Moreover, it is apparent from the record that the defendant was aware of and understood the possible defense of mental disease or defect ( see, People v. Kittle, 154 A.D.2d 782; People v. Sharpe, 72 A.D.2d 572) and had discussed his legal defenses with defense counsel ( see, People v. Ladd, 232 A.D.2d 687).
The defendant effectively waived appellate review of his remaining contention as part of his plea agreement. Accordingly, the judgment of conviction is affirmed ( see, People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1).
Bracken J. P., Copertino, Santucci, Florio and McGinity, JJ., concur.