Opinion
242 A.D.2d 962 665 N.Y.S.2d 604 PEOPLE of the State of New York, Respondent, v. Daniel J. BOOTH, Appellant. 1997-07973 Supreme Court of New York, Fourth Department September 30, 1997.
Robert Zimmerman, Shortsville, for appellant.
R. Michael Tantillo by Kathleen Pohl, Canandaigua, for respondent.
MEMORANDUM:
By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant has waived his challenge to the factual sufficiency of the plea allocution (see, People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Ontario County Court, Sirkin, J.--Robbery, 1st Degree.)
Judgment unanimously affirmed.
GREEN, J.P., and LAWTON, HAYES, WISNER and BOEHM, JJ., concur.