People v Vibbert

2008 NY Slip Op 01222 [48 AD3d 1259]

February 8, 2008

Appellate Division, Fourth Department

As corrected through Wednesday, April 16, 2008

The People of the State of New York, Respondent, v Andrew J.Vibbert, Appellant.

—[*1]Charles A. Marangola, Moravia, for defendant-appellant.

James B. Vargason, District Attorney, Auburn (Charles M. Thomas of counsel), forrespondent.

Appeal from a judgment of the Cayuga County Court (Peter E. Corning, J.), rendered January 26,2006. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the fourthdegree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofgrand larceny in the fourth degree (Penal Law § 155.30 [10]). Defendant failed to preservefor our review his challenge to the factual sufficiency of the plea allocution by failing to move towithdraw the plea or to vacate the judgment of conviction (see People v Lopez, 71 NY2d662, 665 [1988]; People v Emm, 23AD3d 983, 984 [2005], lv denied 6 NY3d 775 [2006]; People v Perry, 21 AD3d 1352[2005], lv denied 5 NY3d 884 [2005]). In any event, that contention is without merit (see generally People v Seeber, 4 NY3d780, 781-782 [2005]). The sentence is not unduly harsh or severe. Present—Martoche,J.P., Centra, Lunn, Green and Gorski, JJ.