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PEOPLE v. FRASER

261 A.D.2d 206 (1999)

691 N.Y.S.2d 30

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY FRASER, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 13, 1999.

Contrary to the People's contention, defendant's waiver of his right to appeal does not foreclose review of his present challenge to the voluntariness of the plea (People v Seaberg, 74 N.Y.2d 1, 10). However, defendant's claim is unpreserved since he failed to challenge the plea allocution by moving either to withdraw the plea or to vacate the judgment of conviction (see, People v Toxey, 86 N.Y.2d 725

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