Opinion
March 13, 1998
Appeal from the Onondaga County Court, Cunningham, J. — Robbery, 2nd Degree.
Present — Green, J. P., Lawton, Wisner, Callahan and Balio, JJ.
Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that his guilty plea was not knowing and voluntary. Moreover, because defendant did not move to withdraw the plea or to vacate the judgment of conviction, his contention that the plea allocution was insufficient has not been preserved for our review (see, People v. Lopez, 71 N.Y.2d 662, 665-668; People v. Pellegrino, 60 N.Y.2d 636, 637). This is not one of those "rare case[s]" in which defendant's recitation of the facts underlying the crime "clearly casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea" (People v. Lopez, supra, at 666). We further conclude that defendant's sentence is neither unduly harsh nor severe.