As the People correctly concede, defendant's purported waiver of the right to appeal is invalid (see People v Smith, 192 AD3d 1599, 1599 [4th Dept 2021]; People v Hunt, 188 AD3d 1648, 1648-1649 [4th Dept 2020], lv denied 36 NY3d 1097 [2021]). Defendant failed to preserve for our review his challenge to the voluntariness of his plea because he did not move to withdraw the plea or to vacate the judgment of conviction (see People v Shanley, 189 AD3d 2108, 2108 [4th Dept 2020], lv denied 36 NY3d 1100 [2021]).
As the People correctly concede, defendant's purported waiver of the right to appeal is invalid (see People v Smith, 192 A.D.3d 1599, 1599 [4th Dept 2021]; People v Hunt, 188 A.D.3d 1648, 1648-1649 [4th Dept 2020], lv denied 36 N.Y.3d 1097 [2021]). Defendant failed to preserve for our review his challenge to the voluntariness of his plea because he did not move to withdraw the plea or to
We affirm. As the People correctly concede, defendant's purported waiver of the right to appeal is invalid ( seePeople v. Smith , 192 A.D.3d 1599, 1599, 140 N.Y.S.3d 851 [4th Dept. 2021] ; People v. Hunt , 188 A.D.3d 1648, 1648-1649, 132 N.Y.S.3d 384 [4th Dept. 2020], lv denied 36 N.Y.3d 1097, 144 N.Y.S.3d 145, 167 N.E.3d 1280 [2021] ). Defendant failed to preserve for our review his challenge to the voluntariness of his plea because he did not move to withdraw the plea or to vacate the judgment of conviction ( seePeople v. Shanley , 189 A.D.3d 2108, 2108, 134 N.Y.S.3d 856 [4th Dept. 2020], lv denied 36 N.Y.3d 1100, 144 N.Y.S.3d 117, 167 N.E.3d 1252 [2021] ).