Opinion
November 25, 1991
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Ordered that the judgment is affirmed.
The defendant's claim regarding the voluntariness of his guilty plea has not been preserved for appellate review (see, People v Mackey, 77 N.Y.2d 846; People v. Pellegrino, 60 N.Y.2d 636; People v. Scotti, 142 A.D.2d 616). In any event, the record shows that the defendant pleaded guilty knowingly and voluntarily (see, People v. Harris, 61 N.Y.2d 9; People v. Glenn, 127 A.D.2d 787; People v Scotti, supra). Moreover, the defendant's own statements made it clear that he had no reasonable possibility of successfully raising a defense of agency (see, People v. Fairclough, 116 A.D.2d 586; see also, People v. Ramirez, 159 A.D.2d 375; People v Navarro, 134 A.D.2d 460).
Since the sentence imposed was in accordance with a negotiated plea agreed to by the defendant, he has no basis now to complain that his sentence is excessive (see, People v. Kazepis, 101 A.D.2d 816). Kunzeman, J.P., Sullivan, Balletta and Copertino, JJ., concur.