Opinion
October 10, 1995
Appeal from the County Court, Nassau County (Boklan, J.).
Ordered that the judgment is affirmed.
The defendant contends for the first time on appeal that the court erred in accepting his plea of guilty without conducting an inquiry as to whether the defendant was aware of a potential affirmative defense. However, because the defendant did not move to withdraw his plea of guilty or move to vacate the judgment of conviction, this issue is not preserved for appellate review (see, People v. Lopez, 71 N.Y.2d 662; People v. Williams, 203 A.D.2d 499; People v. Willingham, 194 A.D.2d 703). We decline to review the defendant's contention in the exercise of our interest of justice jurisdiction.
Under the circumstances of this case, the sentence imposed was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80). Sullivan, J.P., Thompson, Copertino, Krausman and Florio, JJ., concur.