Opinion
February 10, 1999
Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Aggravated Unlicensed Operation Motor Vehicle, 1st Degree.
Present — Denman, P. J., Green, Hayes, Pigott, Jr., and Balio, 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 present challenge to the factual sufficiency of the plea colloquy (see, People v. Lopez, 71 N.Y.2d 662, 665). This case does not fall into the narrow exception to the preservation doctrine where the defendant's recitation of the facts "casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea" (People v. Lopez, supra, at 666; see also, People v. Toxey, 86 N.Y.2d 725, 726, rearg denied 86 N.Y.2d 839). The sentence is neither unduly harsh nor severe.