Opinion
April 27, 1995
Appeal from the County Court of Sullivan County (Kane, J.).
Defendant's principal argument on appeal is a challenge to the sufficiency of his plea allocution, an argument he failed to preserve by moving to either vacate or withdraw his plea (see, People v Lopez, 71 N.Y.2d 662, 665). Additionally, at the time he pleaded guilty, defendant also waived his right to appeal (see, People v Seaberg, 74 N.Y.2d 1). Inasmuch as we are satisfied from a review of the record that the waiver of appeal was knowingly, voluntarily and intelligently made, the judgment of conviction must be affirmed.
Mikoll, J.P., Mercure, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.