PEOPLE v. SCHOUENBORG

Ordered that the judgment is affirmed.

While the defendant purports to challenge for the first time on appeal both the knowing and voluntary nature of his plea as well as the legal sufficiency of his allocution of the facts of the crime, these issues have not been preserved for appellate review (see, People v Lopez, 71 N.Y.2d 662; People v Pellegrino, 60 N.Y.2d 636). In any event, we find that the defendant's plea was knowing and voluntary and that the allocution was factually sufficient (see, People v Lopez, supra; People v Harris, 61 N.Y.2d 9).

The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.