Opinion
(1637) KA 00-02622
December 21, 2001.
(Appeal from Judgment of Cattaraugus County Court, Himelein, J. — Sexual Misconduct.)
PRESENT: HAYES, J.P., SCUDDER, BURNS, GORSKI AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant contends that County Court erred in accepting his plea of guilty to two counts of sexual misconduct (Penal Law § 130.20) without conducting a sufficient factual colloquy. Because defendant failed to move to withdraw his plea or to vacate the judgment of conviction, he failed to preserve that contention for our review ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. White, 214 A.D.2d 811, 812, lv denied 86 N.Y.2d 742). In any event, defendant's contention lacks merit. "[I]t is not necessary that a defendant admit guilt when entering an Alford plea provided the plea is informed and intelligent" ( People v. White, supra, at 812; see, North Carolina v. Alford, 400 U.S. 25, 37). Here, the court reviewed the consequences of the plea with defendant, who indicated that he was acting voluntarily after a complete discussion of the matter with defense counsel. The sentence is neither unduly harsh nor severe.