Opinion
January 7, 1988
Appeal from the County Court of Albany County (Harris, J.).
Defendant was indicted for the crime of rape in the first degree and, after plea bargaining, pleaded guilty to one count of attempted rape in the first degree (see, Penal Law § 130.35; § 110.00). On this appeal, he first urges that insufficient facts were elicited from him at the time of his plea to establish a knowing and intelligent admission. However, defendant did not raise this issue to County Court by a motion to vacate or otherwise; he therefore failed, as a matter of law, to preserve this argument for appellate review (see, People v Pascale, 48 N.Y.2d 997; People v Santiago, 100 A.D.2d 857). In any event, upon a review of the record, we find that the plea was entered into both knowingly and voluntarily. As to defendant's claim with regard to the insufficiency of the Grand Jury minutes, this argument was also waived by his plea of guilty (see, People v Thomas, 74 A.D.2d 317, 321, affd 53 N.Y.2d 338; People v O'Neal, 44 A.D.2d 830).
With respect to the claim of ineffective assistance of counsel, there is nothing in the record to support this contention and we find that defendant was afforded meaningful representation (see, People v Baldi, 54 N.Y.2d 137).
Finally, defendant claims that the sentence he received of 5 to 15 years' imprisonment was harsh and excessive. However, although the sentence was the maximum, it was legally permissible (see, Penal Law § 70.02 [b]; [4]). We find no extraordinary circumstances which would warrant our interfering with County Court's exercise of discretion in sentencing defendant (see, People v Donato, 112 A.D.2d 535, lv denied 66 N.Y.2d 918; People v Robinson, 65 A.D.2d 896).
Judgment affirmed. Mahoney, P.J., Kane, Casey, Levine and Harvey, JJ., concur.