Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered April 7, 2003, convicting defendant upon his plea of guilty of the crime of gang assault in the first degree.
Defendant and five codefendants were charged in a six-count indictment with numerous crimes arising from the brutal beating of a man in the Town of Windsor, Broome County. Defendant pleaded guilty to gang assault in the first degree in full satisfaction of the indictment. He was sentenced to 10 years in prison, to be followed by a five-year period of postrelease supervision.
Defendant’s sole contention on appeal is that his plea allocution was insufficient because it did not establish that the victim suffered a serious physical injury, a necessary element of the crime of gang assault in the first degree (see Penal Law § 120.07). Initially, we note that inasmuch as defendant did not move to withdraw his plea or vacate the judgment of conviction, he has not preserved for our review a challenge to the factual sufficiency of the plea (see People v Artz,
Mercure, J.P., Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.
