PEOPLE v. FULWILEY, 02-00974 [4th Dept 2004

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 two counts of attempted murder in the second degree (Penal Law §§ 110.00, 125.25). By failing to move to withdraw his plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea was not knowingly, intelligently and voluntarily entered ( see People v. DeJesus, 248 A.D.2d 1023, lv denied 92 N.Y.2d 878). In any event, we conclude that the contention is without merit ( see People v. Yell, 250 A.D.2d 869, 869, lv denied 92 N.Y.2d 863; People v. Baldwin, 130 A.D.2d 497, 498, lv denied 70 N.Y.2d 929).