Opinion
February 10, 1999
Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Criminal Sale Marihuana, 1st Degree.
Present — Denman, P. J., Green, Pine, Hayes and Callahan, JJ.
Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to two counts of criminal sale of marihuana in the first degree (Penal Law § 221.55), two counts of criminal possession of marihuana in the second degree (Penal Law § 221.25) and one count of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). Defendant did not make a motion to withdraw his guilty plea or to vacate the judgment of conviction. Thus, defendant has failed to preserve for our review his challenge to the factual sufficiency of the plea allocution ( see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Francis, 254 A.D.2d 779; People v. Stabley, 233 A.D.2d 958, lv denied 89 N.Y.2d 930). Were we to reach the merits, we would conclude that defendant's plea allocution was sufficient to support the conviction ( see, People v. Manini, 79 N.Y.2d 561, 572-575). Defendant's bargained-for sentence is neither unduly harsh nor severe.