Opinion
September 30, 1997
Appeal from Judgment of Ontario County Court, Sirkin, J.
Present — Green, J.P., Lawton, Hayes, Wisner and Boehm, JJ.
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). The sentence is neither unduly harsh nor severe.