Opinion
July 30, 1990
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the amended judgment is affirmed.
The defendant's contention with respect to the sufficiency of her plea allocution has not been preserved for appellate review as she did not move to withdraw her plea under CPL 220.60 (3) or to vacate the judgment of conviction under CPL 440.10 (see, People v. Lopez, 71 N.Y.2d 662; People v. Pellegrino, 60 N.Y.2d 636). Furthermore, by pleading to a lesser crime than that charged in the indictment, the defendant forfeited the right to challenge the factual basis of the plea (see, People v. Adams, 57 N.Y.2d 1035; People v. Rivera, 143 A.D.2d 783).
The sentence imposed upon the finding that the defendant had violated the previously imposed sentence of probation was not an improvident exercise of the court's discretion (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Brown, Balletta and Miller, JJ., concur.