Opinion
May 27, 1999
Appeal from the County Court, Suffolk County (Cacciabaudo, J.).
Ordered that the judgment is affirmed.
Since the defendant did not move to withdraw his plea, or to vacate the judgment of conviction, he has failed, as a matter of law, to preserve for appellate review his claim regarding the sufficiency of the plea ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Claudio, 64 N.Y.2d 858; People v. Clark, 254 A.D.2d 299).
The plea of guilty was entered into knowingly, voluntarily, and intelligently, and with a full understanding of the consequences ( see, People v. Lopez, supra; People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338, cert denied sub nom. Robinson v. New York, 393 U.S. 1067). Furthermore, there is no evidence to substantiate the defendant's contention that he failed to understand the criminal proceedings due to his alleged incompetency or mental deficiency ( see, People v. Hart, 205 A.D.2d 943; People v. Miranda, 125 A.D.2d 418; People v. Boutot, 89 A.D.2d 1027).
S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.