Opinion
October 1, 1999
Appeal from Judgment of Oswego County Court, McCarthy, J. — Criminal Possession Weapon, 3rd Degree.
Judgment unanimously affirmed.
Memorandum:
Defendant's challenge to the sufficiency of the plea allocution has not been preserved for our review because defendant neither moved to withdraw the plea nor moved to vacate the judgment of conviction (see, People v. Walton, 248 A.D.2d 803, lv denied 92 N.Y.2d 908; People v. Sims, 242 A.D.2d 758, lv denied 91 N.Y.2d 930). In any event, defendant's waiver of the right to appeal encompasses that challenge (see, People v. Vallejo, 261 A.D.2d 962 [decided May 7, 1999]; People v. Diola, 239 A.D.2d 961, lv denied 91 N.Y.2d 872). Were we to reach the merits, we would conclude that defendant's contention is without merit. The record establishes that defendant's Alford plea was a "'voluntary and intelligent choice among the alternative courses of action open'" (People v. Di Paola, 143 A.D.2d 487, quoting North Carolina v. Alford, 400 U.S. 25, 31). Defendant admitted that he had been counseled by his attorney and was pleading guilty to avoid the risk of a trial and the possibility of a greater sentence if convicted. There is no basis to vacate the plea (see, e.g., People v. Walton, supra; People v. White, 214 A.D.2d 811, lv denied 86 N.Y.2d 742).
PRESENT: PINE, J. P., LAWTON, WISNER, HURLBUTT AND CALLAHAN, JJ.