Opinion
Submitted May 10, 2000.
June 19, 2000.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Pitts, J.), rendered August 23, 1999, convicting him of rape in the third degree, upon his plea of guilty, and imposing sentence.
Andrew Schatkin, Jericho, N.Y., appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N Y (Kerri N. Lechtrecker of counsel), for respondent.
Before: GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Since the defendant did not move to withdraw his plea, or to vacate the judgment of conviction, he has failed, as a matter of law, to preserve for appellate review his claim regarding the sufficiency of the plea allocution (see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Claudio, 64 N.Y.2d 858; People v. Clark, 254 A.D.2d 299).
The plea of guilty was entered into knowingly, voluntarily, and intelligently, and with a full understanding of the consequences (see, People v. Lopez, supra; People v. Harris, 61 N.Y.2d 9; People v. Nixon, 21 N.Y.2d 338, cert denied sub nom. Robinson v. New York, 393 U.S. 1067).