Appellate Division of the Supreme Court of the State of New York December 6, 2012 (People v. Baliraj)

Lahtinen, J.

We affirm. Initially, we note that, contrary to the People’s contention, a motion to withdraw the plea or vacate the judgment of conviction is not required to preserve a challenge to the validity of a waiver of the right to appeal (see People v Lewis, 48 AD3d 880, 880-881 [2008]).