Opinion
December 27, 2000.
Appeal from Judgment of Cattaraugus County Court, Himelein, J. — Sexual Abuse, 1st Degree.
PRESENT: PIGOTT, JR., P. J., HAYES, WISNER, SCUDDER AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
By failing to move to withdraw his plea or vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea allocution is factually insufficient ( see, People v Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839). The knowing, voluntary and intelligent waiver by defendant of the right to appeal encompasses his contention that County Court erred in denying his suppression motion ( see, People v. Allen, 267 A.D.2d 1063, lv denied 94 N.Y.2d 916), as well as his contention concerning the severity of the sentence ( see, People v. Hidalgo, 91 N.Y.2d 733, 737). Defendant received effective assistance of counsel ( see, People v. Baldi, 54 N.Y.2d 137, 147).