People v. DeFilippo

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered August 27, 1997, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s plea of guilty was knowingly and voluntarily entered (see, People v Harris, 61 NY2d 9). By failing to move under CPL 220.60 (3) to withdraw his plea before sentencing, or to vacate the judgment of conviction under CPL 440.10, the defendant failed to preserve his challenge to the factual sufficiency of the plea (see, People v Lopez, 71…