PEOPLE v. ALMAREZ (2005)

 Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted promoting prison contraband in the first degree (Penal Law §§ 110.00, 205.25[2] ).   By pleading guilty, defendant forfeited his right to raise on appeal his present contentions regarding the allegations in the indictment (see generally People v. Hansen, 95 N.Y.2d 227, 230-232, 715 N.Y.S.2d 369, 738 N.E.2d 773;  People v. Thomas, 53 N.Y.2d 338, 342 n. 2, 441 N.Y.S.2d 650, 424 N.E.2d 537).   In addition, those contentions are not preserved for our review because defendant did not move to withdraw the plea or to vacate the judgment of conviction (see generally People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160, rearg. denied 86 N.Y.2d 839, 634 N.Y.S.2d 447, 658 N.E.2d 225;  People v. Baxter, 302 A.D.2d 950, 951, 757 N.Y.S.2d 915, lv. denied 99 N.Y.2d 652, 760 N.Y.S.2d 116, 790 N.E.2d 290), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ).   Defendant's further contention that Penal Law § 205.25(2) is unconstitutional is also unpreserved for our review (see People v. McKeehan, 2 A.D.3d 1421, 1422, 770 N.Y.S.2d 246, lv. denied 3 N.Y.3d 644, 782 N.Y.S.2d 415, 816 N.E.2d 205), and the record does not establish that the requisite notice was given to the Attorney General (see Executive Law § 71 [3];  McKeehan, 2 A.D.3d at 1422, 770 N.Y.S.2d 246).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: