Opinion
KA 02-01527.
February 11, 2004.
Appeal from a judgment of the Jefferson County Court (Kim H. Martusewicz, J.), rendered April 15, 2002. The judgment convicted defendant, upon his plea of guilty, of attempted promoting prison contraband in the first degree.
CHARLES J. GREENBERG, BUFFALO, FOR DEFENDANT-APPELLANT.
CINDY F. INTSCHERT, DISTRICT ATTORNEY, WATERTOWN (DYLAN T. TESTER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted promoting prison contraband in the first degree (Penal Law §§ 110.00, 205.25). By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution ( see People v. Lopez, 71 N.Y.2d 662, 665). In any event, the record establishes that defendant knowingly and voluntarily entered an Alford plea in order to avoid the risk of conviction of the crimes charged in the indictment if he proceeded to trial and the possibility of receiving a greater sentence if convicted of those crimes ( see People v. Whilte, 214 A.D.2d 811, 812, lv denied 86 N.Y.2d 742; see generally North Carolina v. Alford, 400 U.S. 25). The sentence is neither unduly harsh nor severe.