Opinion
May 21, 2001.
Appeal by the defendant from a judgment of the County Court, Nassau County (La Pera, J.), rendered July 20, 1999, convicting him of robbery in the first degree, burglary in the first degree, and criminal use of a firearm in the first degree, upon his plea of guilty, and imposing sentence.
Leon H. Tracy, Jericho, N.Y., for appellant, and appellant pro se.
Denis Dillon, District Attorney, Mineola, N.Y. (Bruce E. Whitney, Daniel T. Butler, Robert A. Schwartz, and Jodi A. Danzig of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, P.J., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, HOWARD MILLER and SANDRA L. TOWNES, JJ.
ORDERED that the judgment is affirmed.
By waiving his right to appeal, the defendant is foreclosed from claiming that his sentence is excessive (see, People v. Moissett, 76 N.Y.2d 909; People v. Seaberg, 74 N.Y.2d 1; see also, People v. Burk, 181 A.D.2d 74, 81-82).
Since the defendant failed to move to withdraw his plea of guilty, his challenge to the factual sufficiency of his plea is unpreserved for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636). We reject any contention that preservation is not required, as there is nothing in the defendant's allocution which would cast significant doubt on his guilt or otherwise call into question the voluntariness of his plea. In addition, the defendant's factual recitation did not negate any essential element of the crimes to which he pleaded guilty (see, People v. Lopez, 71 N.Y.2d 662).
BRACKEN, P.J., FRIEDMANN, FLORIO, H. MILLER and TOWNES, JJ., concur.