Opinion
1999-09231
Submitted May 30, 2002.
June 18, 2002.
Appeal by the defendant from a judgment of the County Court, Westchester County (Leavitt, J.), rendered September 8, 1999, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.
John P. Savoca, White Plains, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Thomas K. Chong and Valerie A. Livingston of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., HOWARD MILLER, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant's contentions that his plea was coerced, that he was denied effective assistance of counsel, and that he was improperly adjudicated a second felony offender are unpreserved for appellate review as he failed to move to withdraw his plea on these grounds prior to sentencing (see People v. Proctor, 79 N.Y.2d 992; People v. Pellegrino, 60 N.Y.2d 636; People v. Alston, 289 A.D.2d 339, lv denied 97 N.Y.2d 701; People v. Higgs, 266 A.D.2d 233; People v. Leo, 255 A.D.2d 458). Moreover, the issues raised in the defendant's posttrial motion pursuant to CPL 440.10 are not properly before this court as he failed to seek leave to appeal from the order denying the motion (see People v. Torres, 194 A.D.2d 815; People v. Green, 153 A.D.2d 644). In any event, we conclude that these contentions, insofar as they can be reviewed on this record, are without merit.
The defendant waived the right to appeal his conviction on the ground that his sentence was excessive (see generally People v. Hidalgo, 91 N.Y.2d 733).
O'BRIEN, J.P., H. MILLER, SCHMIDT and COZIER, JJ., concur.