Opinion
June 16, 2000.
Appeal from Judgment of Livingston County Court, Alonzo, J. — Sodomy, 3rd Degree.
PRESENT: PINE, J. P., WISNER, SCUDDER AND LAWTON, JJ.
Judgment unanimously affirmed. Memorandum: Having failed either to move to withdraw his guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea colloquy is insufficient because County Court did not advise him of his constitutional right to confront his accusers or the requirement that a verdict be unanimous ( see, People v. Riviezzo, 124 A.D.2d 837, lv denied 69 N.Y.2d 832; People v. Orr, 111 A.D.2d 937, 938, lv denied 66 N.Y.2d 766; see generally, People v. Lopez, 71 N.Y.2d 662, 665). In any event, that contention lacks merit. The record establishes that defendant's guilty plea was knowingly, intelligently and voluntarily entered ( see, People v. Harris, 61 N.Y.2d 9, 16-19; People v. Merrifield, 266 A.D.2d 922; People v. Guerrone, 208 A.D.2d 383, 383-384, lv denied 84 N.Y.2d 1011). The sentence, to which defendant agreed as part of the negotiated plea, is neither unduly harsh nor severe ( see, People v. Welsher, 270 A.D.2d 839 [decided Mar. 29, 2000]).