Majority
p. 962The People of the State of New York, Respondent, v Daniel J. Booth, Appellant. [665 NYS2d 604]
Judgment unanimously affirmed. Memorandum: By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant has waived his challenge to the factual sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662 , 665). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Ontario County Court, Sirkin, J.—Robbery, 1st Degree.) Present—Green, J. P., Lawton, Hayes, Wisner and Boehm, JJ.
Cases cited
- People v. Lopez 71 NY2d 662 at 665 p. 962