Judgment unanimously affirmed. Memorandum: An issue concerning the interpretation or application of a criminal statute or a challenge to the legal sufficiency of the factual allegations of an indictment does not survive a defendant's plea of guilty ( see, People v. Levin, 57 N.Y.2d 1008, 1009, rearg denied 58 N.Y.2d 824; People v. Thomas, 53 N.Y.2d 338, 340, 343-345). A guilty plea also forecloses any challenge to the legal sufficiency of the evidence before the Grand Jury ( see, People v. Simms, 269 A.D.2d 788 [decided Feb. 16, 2000]; People v. Buthy, 85 A.D.2d 890). Defendant's contention that the evidence before the Grand Jury was legally insufficient to establish larceny by extortion therefore is not properly before us ( see, Penal Law § 155.40; § 155.05 [2] [e]). The sentence is not unduly harsh or severe.