| People v Hardee |
| 2011 NY Slip Op 03877 [84 AD3d 835] |
| May 3, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v William Hardee, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and RichardLongworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Hubert,J.), rendered May 6, 2010, convicting him of attempted criminal sale of a controlled substance inthe third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's valid waiver of his right to appeal precludes review of his challenge to thefactual sufficiency of his plea allocution (see People v Brown, 78 AD3d 723 [2010]; People v Johnson, 73 AD3d 951[2010]).
Since the defendant failed to move to withdraw his plea, his current contention that the pleawas not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review(see CPL 470.05 [2]; People vLeGrady, 50 AD3d 1059, 1060 [2008]). In any event, the record reveals that thedefendant's plea of guilty was entered knowingly, voluntarily, and intelligently (see People vFiumefreddo, 82 NY2d 536 [1993]; People v Hollingsworth, 74 AD3d 1359 [2010]). Mastro, J.P.,Rivera, Austin and Roman, JJ., concur.