Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered November 6, 2000, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.
Defendant contends that his plea allocution is ambiguous concerning his physical possession of the controlled substance here, thus casting doubt upon his guilt. Because he did not move to withdraw his guilty plea or vacate the judgment of conviction, however, he has failed to preserve this challenge to the sufficiency of the colloquy (see, People v Lopez,
In addition, defendant signed a waiver of his right to appeal that we find, based upon our review of the record, was also voluntarily, knowingly and intelligently made. Such a waiver will be upheld absent the violation of a constitutional or statutory mandate (see, People v Hildalgo,
Crew III, J.P., Peters, Mugglin and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.
