PEOPLE v. SCHAURER

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

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal sale of a controlled substance in the first degree (Penal Law § 220.43). Defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution with respect to the weight of the cocaine he sold ( see People v Lopez, 71 NY2d 662, 665; People v Perry, 21 AD3d 1352, lv denied 5 NY3d 884 [2005]). Likewise, defendant's challenge to the constitutionality of Penal Law § 220.43 has not been preserved for our review ( see People v Baumann Sons Buses, Inc., 6 NY3d 404, 408, rearg denied 7 NY3d 742; People v Davidson, 98 NY2d 738, 739-740), nor was the requisite notice given to the Attorney General ( see Executive Law § 71; People v McKeehan, 2 AD3d 1421, 1422, lv denied 3 NY3d 644).