Opinion
March 29, 2000.
Appeal from Judgment of Monroe County Court, Maloy, J. — Robbery, 2nd Degree.
PRESENT: GREEN, J. P., HAYES, HURLBUTT AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the second degree ( Penal Law § 160.10 [1]) and burglary in the second degree ( Penal Law § 140.25 [1]). By failing to move to withdraw his guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the sufficiency of the plea allocution ( see, People v . Lopez , 71 N.Y.2d 662, 665 ). The plea allocution does not cast significant doubt on defendant's guilt or otherwise call into question the voluntariness of the plea, and thus County Court was not required to make further inquiry to ensure that the plea was knowing and voluntary ( see, People v. Lopez, supra, at 666; cf., People v. Costanza , 244 A.D.2d 988 ). Furthermore, because defendant accepted a bargained plea to a lesser included offense, he may not challenge the sufficiency of the Grand Jury evidence ( see, People v. Pelchat , 62 N.Y.2d 97, 108 ; People v. Kazmarick , 52 N.Y.2d 322, 326 ). Finally, the sentence, to which defendant agreed as part of the plea bargain, is not unduly harsh or severe ( see, People v. Cotton , 219 A.D.2d 836, 837, lv denied 87 N.Y.2d 900; People v. Tejeda , 217 A.D.2d 932, 934, lv denied 87 N.Y.2d 908).