PEOPLE v. BIASELLI

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 sexual misconduct (Penal Law § 130.20) and two counts of endangering the welfare of a child (§ 260.10 [1]). The waiver of the right to appeal by defendant encompasses his challenge to the factual sufficiency of the plea allocution ( see People v. McKay, 5 AD3d 1040, 1041, lv denied 2 NY3d 803). Further, defendant failed to preserve that challenge for review by moving to withdraw the plea or to vacate the judgment of conviction ( see People v. Casco, 4 AD3d 742). In any event, the record establishes that defendant's Alford plea ( see North Carolina v. Alford, 400 US 25) was properly accepted by County Court ( see People v. Sherman, 8 AD3d 1026, 1026-1027).