PEOPLE v. HAYNES

Initially, we note that defendant waived his right to appeal the conviction as part of his guilty plea (see, People v Seaberg, 74 N.Y.2d 1; People v. Brown, 160 A.D.2d 1039). Furthermore, defendant failed to move to withdraw his plea or to vacate the judgment of conviction; he therefore failed to preserve for judicial review the challenge to the sufficiency of the plea allocution (see, People v. Claudio, 64 N.Y.2d 858; People v. Clickner, 128 A.D.2d 917, lv denied 70 N.Y.2d 644). In any event, a review of the plea minutes establishes that County Court made sufficient inquiry of defendant and that defendant's plea was knowingly, intelligently and voluntarily made (see, People v. Harris, 103 A.D.2d 891). Defendant's contention that he received ineffective assistance of counsel is also rejected (see, People v. Baldi, 54 N.Y.2d 137), as is his claim that the prison sentence he received as a second felony offender of 4 to 8 years was harsh and excessive (see, People v. Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899).

Weiss, P.J., Yesawich Jr., Crew III, Mahoney and Harvey, JJ., concur. Ordered that the appeal is dismissed.