Opinion
May 11, 1995
Appeal from the County Court of Montgomery County (Aison, J.).
Defendant pleaded guilty to criminal sale of a controlled substance in the fourth degree and, as part of the plea agreement, waived his right to appeal the judgment of conviction. He now asserts that the waiver was not knowing and voluntary. In view of defendant's failure to move to withdraw his plea or vacate the judgment of conviction, we find that he has failed to preserve this issue for review. In any event, our review of the record discloses that the plea was knowing and voluntary. Lastly, in view of defendant's prior criminal record and the fact that the sentence imposed of 5 to 15 years in prison was in accordance with the plea agreement and within statutory parameters, we reject defendant's claim that the sentence was harsh and excessive.
Cardona, P.J., White, Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed.