Opinion
(1297) KA 00-02667.
November 9, 2001.
(Appeal from Judgment of Onondaga County Court, Fahey, J. — Burglary, 1st Degree.)
PRESENT: PINE, J.P., SCUDDER, BURNS, GORSKI AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
By failing to move to withdraw his plea of guilty to burglary in the first degree (Penal Law § 140.30) or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that his plea was not voluntarily, intelligently or knowingly entered ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. DeJesus, 248 A.D.2d 1023, lv denied 92 N.Y.2d 879). In any event, that contention is without merit. Contrary to defendant's contention, there is no requirement that defendant personally recite the facts underlying the crime ( see, People v. Every, 272 A.D.2d 947, 947-948, lv denied 95 N.Y.2d 865; People v. Kinch, 237 A.D.2d 830, 831, lv denied 90 N.Y.2d 860; see generally, People v. Nixon, 21 N.Y.2d 338, 353-355).