Opinion
February 16, 1993
Appeal from the Supreme Court, Kings County (Lipp, J.).
Ordered that the judgment is affirmed.
Since the defendant did not move to withdraw his plea of guilty or challenge its validity prior to sentencing, he has not preserved for appellate review the claim that the plea allocution was defective (see, People v Lopez, 71 N.Y.2d 662, 665; People v Pellegrino, 60 N.Y.2d 636; People v Pierce, 185 A.D.2d 1000). In any event, upon our review of the minutes of the plea of guilty, we find that it was knowing and voluntary and that the allocution was factually sufficient (see, People v Lopez, supra, at 666).
Additionally, the sentence imposed was agreed upon at the time the defendant pleaded guilty, and, under the circumstances, it is neither harsh nor excessive (see, People v McKinnon, 173 A.D.2d 863; People v Duff, 158 A.D.2d 711; People v Kazepis, 101 A.D.2d 816). Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.