People v. Root

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant was convicted upon his plea of guilty of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]) and aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3]). Defendant’s challenge to the factual sufficiency of the plea allocution is not preserved for our review because defendant failed to move to vacate the plea of guilty or to vacate the judgment of conviction (see, People v Lopez, 71 NY2d 662, 665). However, with…