Opinion
June 4, 1996
Appeal from the Supreme Court, New York County (Allen Alpert, J.).
Since defendant failed to appeal timely from the underlying judgment of conviction (including the sentence thereon), any present challenge to the plea proceeding or the original sentencing proceeding is jurisdictionally foreclosed (CPL 450.30 ; People v. Lugo, 176 A.D.2d 177). We have reviewed defendant's claims that the court improperly evaluated the credibility of the witnesses at the violation of probation hearing, and that the resentence is excessive, and find them to be without merit.
Concur — Rosenberger, J.P., Wallach, Kupferman, Williams and Mazzarelli, JJ.