Opinion
September 30, 1997
Appeal from the Genesee County Court, Morton, J.
Present — Green, J.P., Pine, Wisner, Balio and Fallon,
Defendant appeals from a judgment convicting him upon a guilty plea of attempted burglary in the third degree in satisfaction of an indictment charging him with burglary in the third degree and grand larceny in the fourth degree. Defendant's challenge to the sufficiency of the plea colloquy is unpreserved for our review because defendant failed to move to withdraw his guilty plea or vacate the judgment of conviction ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Harris, 233 A.D.2d 959, lv denied 89 N.Y.2d 1094). In any event, the record establishes that defendant knowingly and voluntarily entered his plea following a sufficient inquiry by County Court, during which defendant admitted all the essential elements of the crime to which he pleaded guilty ( see, People v. Sloan, 228 A.D.2d 976, lv denied 88 N.Y.2d 994).
By failing to controvert the allegations in the second felony offender statement at the time of sentencing, defendant also failed to preserve for our review his contention that he was improperly sentenced as a second felony offender ( see, People v Smith, 73 N.Y.2d 961, 962-963; People v. Russell, 234 A.D.2d 979, lv denied 89 N.Y.2d 988). We reject the contention of defendant that he was deprived of effective assistance of counsel ( see, People v Baldi, 54 N.Y.2d 137, 147).