People v. Vargas

254 A.D.2d 691, 678 N.Y.S.2d 553, 1998 N.Y. App. Div. LEXIS 10337

Opinion

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [5]). By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the voluntariness of the plea (see, CPL 470.05 [2]; People v Lopez, 71 NY2d 662, 665; People v Pellegrino, 60 NY2d 636, 637). (Appeal from Judgment of Supreme Court, Monroe County, Galloway, J. — Criminal Possession Stolen Property, 4th Degree.) Present — Denman, P. J., Pine, Wisner, Balio and Fallon, JJ.