Opinion
October 1, 1999
Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Felony Driving While Intoxicated.
PRESENT: GREEN, J.P., LAWTON, PIGOTT, JR., HURLBUTT AND CALLAHAN, JJ.
Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 Veh. Traf. [2], [3]; § 1193 Veh. Traf. [1] [c]) and one count of criminal mischief in the fourth degree (Penal Law § 145.00). Because defendant failed to move to withdraw his guilty plea or to vacate the judgment of conviction, he has 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, ___ A.D.2d ___ [decided July 9, 1999]; People v. Williams, 258 A.D.2d [decided Feb. 10, 1999], lv denied 93 N.Y.2d 880; People v. Francis, 254 A.D.2d 779, lv denied 92 N.Y.2d 1031; People v. Stabley, 233 A.D.2d 958, lv denied 89 N.Y.2d 930). In any event, we reject the contention of defendant that his plea allocution was insufficient because it failed to establish that the parking lot in which he was operating a motor vehicle falls within the parameters of Vehicle and Traffic Law § 1192 Veh. Traf. (7). Defendant acknowledged during the plea allocution that he operated a motor vehicle in the parking lot of an apartment complex while he was intoxicated ( see, Vehicle and Traffic Law § 1192 Veh. Traf. [7]).