Opinion
February 7, 2001.
Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Sexual Abuse, 1st Degree.
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, KEHOE AND BURNS, JJ.
Judgment unanimously affirmed.
Memorandum:
By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v Engert, 263 A.D.2d 959, lv denied 93 N.Y.2d 1017). The plea allocution did not engender significant doubt regarding the voluntariness of the plea to bring this case within the narrow exception to the preservation doctrine ( see, People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839; People v. Lopez, supra, at 666). The bargained-for sentence is neither unduly harsh nor severe.