People v. Straub

While defendant first challenges the voluntariness of his plea on the ground that he was not given adequate time to evaluate the offer, his failure to move to withdraw the plea or vacate the judgment of conviction renders this argument unpreserved for review (see People v Zimmerman, 87 AD3d 1225, 1225-1226 [2011]; People v Planty, 85 AD3d 1317, 1318 [2011], lv denied 17 NY3d 820 [2011]). To the extent that defendant argues that the exception to the preservation rule applies inasmuch as he made statements during the plea colloquy that suggested that his medications may have influenced his…