Opinion
October 1, 1999
Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Criminal Sale Controlled Substance, 5th Degree.
Judgment unanimously affirmed.
PRESENT: LAWTON, J. P., HAYES, PIGOTT, JR., HURLBUTT AND SCUDDER, JJ.
Memorandum:
Defendant failed to move to withdraw his plea or to vacate the judgment of conviction and therefore failed to preserve for our review his contention that the plea colloquy was insufficient (see, People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839; People v. Lopez, 71 N.Y.2d 662, 665). This is not one of those rare cases in which the statements of defendant engender significant doubt with respect to his guilt or otherwise call into question the voluntariness of the plea (see, People v. Toxey, supra; People v. Lopez, supra, at 666). County Court properly determined that the identification procedures used by the investigating officers were not unduly suggestive (see, People v. James, 185 A.D.2d 702, lv denied 80 N.Y.2d 930). Finally, the sentence is not unduly harsh or severe.