Opinion
February 3, 1995
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Green, J.P., Pine, Callahan, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of rape in the first degree and sexual abuse in the first degree, defendant contends that his guilty plea is invalid because it was involuntary and the product of ineffective assistance of counsel. We disagree. The record establishes that defendant's plea was entered knowingly, intelligently and voluntarily (see, People v. Fiumefreddo, 82 N.Y.2d 536, 543). During the plea allocution, defendant stated that no one "was forcing" him to plead guilty. He denied that any promises or threats were made to induce the plea. Furthermore, there is no showing that defense counsel's conduct affected the plea bargaining process or that defendant entered his plea because of defense counsel's alleged ineffective assistance (see, People v Wood, 207 A.D.2d 1001; People v. Bethany, 182 A.D.2d 1084, lv denied 80 N.Y.2d 828).
Defendant failed to preserve for review his challenge to the factual sufficiency of the plea allocution (see, People v Lopez, 71 N.Y.2d 662, 665). In any event, it lacks merit.
Finally, as part of his plea bargain, defendant knowingly, intelligently and voluntarily waived his right to appeal. That waiver encompassed the challenges by defendant to his sentence (see, People v. Allen, 82 N.Y.2d 761, 763; People v. Griggs, 199 A.D.2d 1073, lv denied 83 N.Y.2d 853).