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PEOPLE v. GALLO

2009-01324

73 A.D.3d 804 (2010)

899 N.Y.S.2d 655

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES A. GALLO, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 4, 2010.

Ordered that the judgment is affirmed.

The defendant's contention that the plea allocution was factually insufficient is unpreserved for appellate review, as he failed to move to either withdraw his plea on this ground prior to sentencing or to vacate the judgment pursuant to CPL 440.10 (see CPL 470.05 [2]; People v Toxey, 86 N.Y.2d 725 [1995]; People v Elcine, 43 A.D.3d 1176

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