Opinion
September 10, 1990
Appeal from the County Court, Nassau County (Ain, J.).
Ordered that the judgment is affirmed.
The defendant's contentions with respect to the voluntariness of his plea have not been preserved for appellate review as he did not move to withdraw his plea pursuant to CPL 220.60 (3) or to vacate the judgment of conviction pursuant to CPL 440.10 (see, People v. Lopez, 71 N.Y.2d 662; People v. Pellegrino, 60 N.Y.2d 636). In any event, a review of the record reveals that the defendant's plea was knowingly and voluntarily entered with the assistance of counsel (see, People v. Harris, 61 N.Y.2d 9). Furthermore, by pleading to a lesser crime in full satisfaction of those charged in the superior court information, the defendant forfeited the right to challenge the factual basis of the plea (see, People v. Adams, 57 N.Y.2d 1035; People v. Rivera, 143 A.D.2d 783). Thompson, J.P., Brown, Balletta and Miller, JJ., concur.