Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered April 14, 2006, convicting defendant upon his plea of guilty of the crime of robbery in the third degree.
Defendant was indicted on one count of robbery in the third degree stemming from allegations that he entered a bank, handed the teller a note indicating that she had a certain period
As noted, defendant waived the right to appeal and he does not challenge this waiver before this Court. This waiver precludes the present claims that his suppression motion pertaining to a pretrial photo array was improperly denied (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Ware, 34 AD3d 860 [2006], lv denied 8 NY3d 951 [2007]; People v Crannell, 23 AD3d 769 [2005], lv denied 6 NY3d 774 [2006]), that his waiver of immunity before the grand jury was ineffective (see People v Flihan, 73 NY2d 729, 731 [1988]; People v Sobotker, 61 NY2d 44, 48-49 [1984]), that he received ineffective assistance of counsel (see People v Phillips, 41 AD3d 969, 970 [2007]; People v Crannell, 23 AD3d at 769), that his sentence is harsh and excessive (see People v Lopez, 6 NY3d 248, 255-256 [2006]) and that County Court was biased against him (see People v Mc-Cafferty, 1 AD3d 799 [2003], lv denied 2 NY3d 743 [2004]). Even if we were to consider these issues, we would find them to be lacking in merit.
To the extent that defendant challenges the voluntariness of his plea on the ground that he was rushed into it and that he was not advised of all his options, his failure to move to withdraw the plea or vacate the judgment of conviction renders this precise argument unpreserved for review (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Phillips, 41 AD3d at 969; People v Crannell, 23 AD3d at 770; People v Rivera, 20 AD3d 763, 764 [2005]). Focusing on certain portions of his allocution, defendant further argues that an exception to the preservation rule exists because an essential element of robbery in the third degree was negated during the colloquy (i.e., the use or threatened use of physical force) thus casting doubt on his guilt (see People v Lopez, 71 NY2d at 666-667). While during the allocution defendant initially denied stealing, County Court conducted a sufficient follow-up inquiry to ensure that he understood the nature of the charge against him and that his plea to same was knowing and voluntary (see id. at 667). Notably, defendant thereafter acknowledged that he threatened the
The remaining contentions, including those contained in defendant’s pro se supplemental brief, have been reviewed and rejected.
Cardona, P.J., Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.
