Opinion
May 10, 2000.
Appeal from Judgment of Oneida County Court, Kirk, J. — Arson, 2nd Degree.
Judgment unanimously affirmed.
PRESENT: HAYES, J. P., WISNER, HURLBUTT, SCUDDER AND KEHOE, JJ.
Memorandum:
By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that his guilty plea was not knowingly, voluntarily and intelligently entered ( see, People v. Maeweather, 248 A.D.2d 994, lv denied 92 N.Y.2d 855; People v. Garrow [appeal No. 1], 233 A.D.2d 856, lv denied 89 N.Y.2d 942). This case does not come within the narrow exception to the preservation rule ( see, People v. Lopez, 71 N.Y.2d 662, 665-666). In any event, the record establishes that defendant knowingly, voluntarily and intelligently waived his rights when pleading guilty ( see, People v. Harris, 61 N.Y.2d 9, 17; People v. Sargent, 100 A.D.2d 978). Although defendant was not sentenced by the Judge who accepted the guilty plea, any error arising therefrom is harmless because defendant received the negotiated sentence. Finally, the sentence is not unduly harsh or severe.