Opinion
October 6, 1989
Appeal from the Orleans County Court, Miles, J.
Present — Dillon, P.J., Callahan, Balio, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea (see, CPL 220.60; People v Ramos, 63 N.Y.2d 640, 642; People v Dixon, 29 N.Y.2d 55, 57). Further, defendant's claim that he was sentenced improperly is without merit. Because defendant voluntarily admitted his prior felony conviction and was aware that he was facing an enhanced sentence, he is estopped from challenging the court's sentencing him as a second felony offender (see, People v Bates, 124 A.D.2d 994; see also, People v Bouyea, 64 N.Y.2d 1140).