Opinion
December 30, 1999
Appeal from Judgment of Ontario County Court, Marks, J. — Felony Driving While Intoxicated.
Judgment unanimously affirmed.
PRESENT: PINE, J. P., LAWTON, WISNER, HURLBUTT AND BALIO, JJ.
Memorandum:
The contention of defendant that the plea allocution is insufficient is not preserved for our review ( see, People v. Lopez, 71 N.Y.2d 662, 665) and, in any event, is lacking in merit ( see, People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839). The sentence is neither unduly harsh nor severe.