Opinion
December 22, 1995
Appeal from the Cayuga County Court, Corning, J.
Present — Denman, P.J., Pine, Wesley, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Having failed to move to withdraw his plea (see, CPL 220.60) or to vacate the judgment of conviction (see, CPL 440.10), defendant failed to preserve for our review his challenge to the sufficiency of the plea allocution (see, People v Lopez, 71 N.Y.2d 662, 666; People v Tranka, 191 A.D.2d 903, lv denied 81 N.Y.2d 1021). Further, the record of the plea allocution shows that defendant's factual recitation did not "negate an essential element of the crime pleaded to", or otherwise "clearly cast significant doubt upon the defendant's guilt" (People v Lopez, supra, at 666; cf., People v Beasley, 25 N.Y.2d 483; People v Serrano, 15 N.Y.2d 304).
In light of defendant's extensive prior criminal history, we conclude that the sentence is neither unduly harsh nor severe.