People v. Webber

Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered September 21, 2006. The judgment convicted defendant, upon his plea of guilty, of rape in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a plea of guilty, of rape in the third degree (Penal Law § 130.25 [2]). By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contentions that his plea was not knowingly and voluntarily…