Opinion
December 27, 2000.
Appeal from Judgment of Monroe County Court, Bristol, J. — Reckless Endangerment, 1st Degree.
PRESENT: PINE, J. P., WISNER, HURLBUTT AND KEHOE, JJ.
Judgment unanimously affirmed.
Memorandum:
County Court properly sentenced defendant as a second felony offender ( see, CPL 400.15; Penal Law § 70.04 [b] [v]). The general unrestricted waiver by defendant of the right to appeal encompasses his challenge to the sentence as unduly harsh or severe ( see, People v Hidalgo, 91 N.Y.2d 733, 737; People v. Weiss, 265 A.D.2d 921, lv denied 94 N.Y.2d 868). By failing to move to withdraw the plea or vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea allocution was factually insufficient ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v Root, 267 A.D.2d 1103; People v. King, 267 A.D.2d 1040, lv denied 94 N.Y.2d 922). We have examined defendant's remaining contentions and conclude that they are lacking in merit.