Opinion
(1471) KA 00-02151.
November 9, 2001.
(Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Rape, 3rd Degree.)
PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant failed to move to withdraw his pleas of guilty or to vacate the judgments of conviction, and thus his challenge to the factual sufficiency of the plea allocutions is not preserved for our review ( see, People v. Lopez, 71 N.Y.2d 662, 665). Defendant was properly sentenced as a predicate felon ( see, People v. Rosen, 96 N.Y.2d 329, 334-335, cert denied ___ U.S. ___ [decided Oct. 1, 2001]; People v. Conyers, 285 A.D.2d 825 [decided July 19, 2001]). The bargained-for sentences imposed by Supreme Court are neither unduly harsh nor severe ( see, People v. Parker, 261 A.D.2d 926, 927, lv denied 93 N.Y.2d 1024). We have reviewed defendant's remaining contention and conclude that it is without merit.