Opinion
December 27, 2000.
Appeal from Judgment of Cayuga County Court, Corning, J. — Assault, 2nd Degree.
PRESENT: HAYES, J. P., HURLBUTT, SCUDDER, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution by failing to move to withdraw his guilty plea or to vacate the judgment of conviction on that ground ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Welsher, 270 A.D.2d 839, lv denied 95 N.Y.2d 806). In any event, we conclude that County Court `s inquiry concerning a possible justification defense was sufficient to ensure that defendant's plea was knowing and voluntary ( see, People v. Lopez, supra, at 666-667).