Defendant's claim that his plea should be vacated as factually insufficient due to the People's failure to produce a lab report confirming the seized substance to be heroin has not been preserved for appellate review ( People v. Toxey, 86 N.Y.2d 725; People v. Lopez, 71 N.Y.2d 662), and we decline to review it in the interest of justice. In any event, defendant acknowledged, during his allocution, that he attempted to sell heroin. Defendant's claim is essentially a challenge to the sufficiency of the evidence against him and, as such, was waived by entry of a guilty plea ( People v. Flores, 237 A.D.2d 128, lv denied 90 N.Y.2d 857). We would further note that a laboratory analysis was required for the indictment.
Concur — Ellerin, J. P., Wallach, Mazzarelli, Andrias and Colabella, JJ.