Opinion
December 27, 2000.
Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Criminal Possession Controlled Substance, 2nd Degree.
PRESENT: GREEN, J. P., PINE, HAYES AND SCUDDER, JJ.
Judgment unanimously affirmed.
Memorandum:
By failing to move to withdraw his guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that he did not knowingly, intelligently and voluntarily enter his guilty plea (see, People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839; People v. Lopez, 71 N.Y.2d 662, 665). This is not one of those rare cases in which the statements of defendant cast significant doubt on his guilt or otherwise call into question the voluntariness of the plea ( see, People v. Toxey, supra, at 726; People v. Lopez, supra, at 666). Defendant received meaningful representation ( see, People v. Ford, 86 N.Y.2d 397, 404; People v Hudson, 237 A.D.2d 759, 760, lv denied 90 N.Y.2d 1012), and the sentence is neither unduly harsh nor severe.