People v. McNeil

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a guilty plea of attempted criminal possession of a controlled substance in the third degree. By failing to move to withdraw the plea or vacate the judgment of conviction, defendant failed to preserve for our review his challenge to the factual sufficiency of the plea allocution (see, People v Lopez, 71 NY2d 662, 665-666). There is no merit to the contention that County Court refused to allow defendant to withdraw his plea. At sentencing, the court offered defendant the opportunity to submit…