Opinion
June 22, 1999.
Appeal from the Supreme Court, Bronx County (John Byrne, J., at pleas; Lawrence Bernstein, J., at sentence).
Since defendant's challenge to the sufficiency of the indictment is a claim of factual insufficiency, such claim is waived by defendant's guilty plea ( People v. Iannone, 45 N.Y.2d 589, 600-601), as well as being unpreserved and without merit.
We perceive no abuse of sentencing discretion.
Concur — Nardelli, J. P., Williams, Tom, Wallach and Andrias, JJ.