Opinion
December 22, 1995
Appeal from the Onondaga County Court, Mulroy, J.
Present — Denman, P.J., Lawton, Doerr, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that he did not voluntarily, knowingly and intelligently enter that plea (see, People v Jordan, 215 A.D.2d 257; People v Bridges, 186 A.D.2d 298). Defendant's waiver of the right to appeal encompassed the right to challenge whether affording defendant the opportunity to participate in a treatment program prior to sentencing constituted an impermissible term of "interim probation" and whether the sentence is harsh or excessive (see, People v Allen, 82 N.Y.2d 761; People v Callahan, 80 N.Y.2d 273, 281). Lastly, we reject the contention that defendant was denied effective assistance of counsel (see, People v Baldi, 54 N.Y.2d 137).