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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS F. KENNY, Appellant.

Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review his challenges to the voluntariness of his guilty plea (see, People v Pellegrino, 60 N.Y.2d 636; People v Carlos, 140 A.D.2d 532). In any event, the record reveals that the defendant knowingly, voluntarily and intelligently waived his rights and pleaded guilty (see, People v Harris, 61 N.Y.2d 9).

Furthermore, the defendant's plea of guilty to a lesser crime in this case constituted a waiver of his right to challenge the factual basis for his plea (see, People v Pelchat, 62 N.Y.2d 97; People v Clairborne, 29 N.Y.2d 950; People v Riley, 120 A.D.2d 752). Hence, we reject his claim that the factual recitation of the offense was insufficient to support his plea. Mangano, J.P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.

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PEOPLE v. KENNY
(Oct 24, 1988)