Opinion
December 27, 2000.
Appeal from Judgment of Wayne County Court, Sirkin, J. — Criminal Sale Controlled Substance, 3rd Degree.
PRESENT: PINE, J. P., WISNER, HURLBUTT AND KEHOE, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant failed to move to withdraw his guilty plea or to vacate the judgment of conviction, and thus his contention that the plea was not knowingly, intelligently and voluntarily entered is not preserved for our review ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v Dunn [appeal No. 1] , 272 A.D.2d 928, lv denied 95 N.Y.2d 889 [decided Sept. 20, 2000]). The fact that County Court may have misinformed defendant of the potential for treatment as a persistent felon and the maximum sentence to which he was exposed is not dispositive; "whether a plea was knowing, intelligent, and voluntary is dependent upon a number of factors, `including the nature and terms of the agreement, the reasonableness of the bargain, and the age and experience of the accused'" ( People v. Garcia, 92 N.Y.2d 869, 870; see, People v. Lioto [appeal No. 1] , 261 A.D.2d 883, lv denied 93 N.Y.2d 1021; People v. Burnett, 221 A.D.2d 355, lv denied 87 N.Y.2d 920; People v. Bankowski, 134 A.D.2d 768, 770).