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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WESLEY GRAY, Appellant.

Defendant contends on this appeal that his plea colloquy was insufficient and that the 1 1/3 to 4-year prison sentence he received was harsh and excessive. The record establishes that defendant knowingly and voluntarily waived his right to appeal all but the excessiveness of his sentence (see, People v Seaberg, 74 N.Y.2d 1). In any event, defendant failed to withdraw his plea or move to vacate the judgment of conviction; he therefore has failed to preserve for judicial review his challenge to the sufficiency of his plea (see, People v Claudio, 64 N.Y.2d 858). Further, his bargained-for plea to a lesser crime than that set forth in the superior court information precludes any challenge to the factual basis for the plea (see, People v McMillian, 177 A.D.2d 718). We also find no evidence that defendant received ineffective assistance of counsel. Finally, given defendant's prior criminal record and the fact that he was allowed to plead guilty to a reduced charge, we find no basis to disturb the sentence imposed by County Court (see, People v Reyes, 122 A.D.2d 353, lv denied 68 N.Y.2d 917).

Weiss, P.J., Yesawich Jr., Levine, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.

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PEOPLE v. GRAY
(Feb 11, 1993)