Opinion
December 5, 1991
Appeal from the County Court of Rensselaer County (Ceresia, Jr., J.).
Defendant's failure to move to withdraw his guilty plea or to make a postverdict motion to vacate the judgment of conviction precludes appellate review of the sufficiency of the plea allocution (see, People v Lopez, 71 N.Y.2d 662, 665; People v Claudio, 64 N.Y.2d 858). Even were we to address this issue, the record indicates that defendant understood the significance and effect of his plea and what rights he was waiving; therefore, the plea was knowingly, intelligently and voluntarily made (see, People v Clickner, 128 A.D.2d 917, lv denied 70 N.Y.2d 644). Finally, as defendant failed to assert at the time of sentencing his entitlement to youthful offender status, he has waived any right thereto (see, People v McGowen, 42 N.Y.2d 905, 906; People v Morrow, 129 A.D.2d 863, 864, lv denied 70 N.Y.2d 651).
Weiss, J.P., Mikoll, Yesawich Jr., Levine and Mercure, JJ., concur. Ordered that the judgment is affirmed.