Opinion
March 14, 1994
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed.
Having pleaded guilty, the defendant thereby forfeited his right to challenge the sufficiency of the evidence supporting the indictment (see, People v. Dunbar, 53 N.Y.2d 868).
The defendant's contention that the plea allocution was factually deficient is unpreserved for appellate review since the defendant failed to move to withdraw his plea or to vacate the judgment of conviction (see, People v. Lopez, 71 N.Y.2d 662, 665).
The defendant received less than the maximum sentence which, upon his plea of guilty, the court warned him it might impose. Thus, the defendant cannot now, under the circumstances of this case, complain that his sentence is excessive (see, People v Kazepis, 101 A.D.2d 816). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.