PEOPLE v. JONES

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

Memorandum: By failing to move to withdraw his plea of guilty or to vacate the judgment of conviction, defendant has failed to preserve for our review his contention that his plea was not knowingly, voluntarily or intelligently entered ( see People v. DeJesus, 248 A.D.2d 1023, lv denied 92 N.Y.2d 878; see also People v. Nixon, 278 A.D.2d 941, lv denied 96 N.Y.2d 786). In any event, contrary to the contention of defendant, his remarks and conduct at the time of the plea do not suggest that he lacked the capacity to understand the plea proceeding or to assist in his own defense ( cf. People v. Daley, 302 A.D.2d 745, 746).