Opinion
April 5, 1999
Appeal from the Supreme Court, Kings County (Martin, J.).
Ordered that the judgment is affirmed.
The right of a defendant to withdraw a previously-entered plea of guilty rests within the sound discretion of the sentencing court (see, CPL 220.60; People v. Ellerbe, 237 A.D.2d 299). The defendant knowingly and voluntarily pleaded guilty in the presence of counsel after the court had advised him of the consequences of his plea during the plea allocution (see, People v. Harris, 61 N.Y.2d 9). The court did not err in imposing sentence upon the defendant's failure to successfully complete the drug treatment program (see, People v. Cass, 228 A.D.2d 448; People v. Bailey, 215 A.D.2d 769).
The defendant's remaining contention was not raised in his application to withdraw his plea and therefore is not preserved for appellate review (see, People v. Lopez, 71 N.Y.2d 662, 665; People v. Griffin, 186 A.D.2d 820).
Bracken, J. P., Thompson, Goldstein and McGinity, JJ., concur.