Opinion
December 23, 1994
Appeal from the Steuben County Court, Bradstreet, J.
Present — Green, J.P., Pine, Wesley, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that his recitation of the underlying facts during the plea colloquy called into question the voluntariness of his guilty plea. We cannot conclude that defendant's plea colloquy "casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea" (People v Lopez, 71 N.Y.2d 662, 666; see, People v Gould, 198 A.D.2d 856, lv denied 83 N.Y.2d 805). Defendant admitted that, at the time of his arrest, he "had consumed enough alcohol to be legally intoxicated". Therefore, by failing to move to withdraw his guilty plea or to vacate the judgment of conviction, defendant failed to preserve for review his challenge to the factual sufficiency of the plea allocution (see, People v Lopez, supra, at 666; People v Garrett, 188 A.D.2d 1055, lv denied 81 N.Y.2d 886). In any event, the plea minutes establish that defendant understood the nature and consequences of his guilty plea and that the plea was voluntarily, knowingly and intelligently made.