Opinion
December 31, 1998
Appeal from Judgment of Cattaraugus County Court, Himelein, J. — Attempted Criminal Possession Controlled Substance, 3rd Degree.
Judgment unanimously affirmed. Memorandum: By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that he did not voluntarily, knowingly and intelligently enter that plea (see, People v. Sparrow, 222 A.D.2d 1114, lv denied 87 N.Y.2d 977). Upon our review of the record, we conclude that the sentence is neither unduly harsh nor severe.
Present — Denman, P. J., Hayes, Pigott, Jr., Callahan and Fallon, JJ.