Appellate Division of the Supreme Court of the State of New York December 20, 2012 (People v. Leone)

Egan Jr., J.

We affirm. Defendant’s challenge to the factual sufficiency of his plea is precluded by his valid waiver of the right to appeal and, further, is unpreserved for our review absent evidence on this record that defendant moved to withdraw his plea or vacate the judgment of conviction (see People v Flake, 95 AD3d 1371, 1372 [2012], lv denied 19 NY3d 973 [2012]; People v Planty, 85 AD3d