Opinion
October 26, 1987
Appeal from the Supreme Court, Westchester County (Delaney, J.).
Ordered that the judgment is affirmed.
The sentencing court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea. The defendant knowingly and voluntarily entered his guilty plea after being fully advised of his rights, and in the course of his allocution admitted to the acts which constituted the crime to which he pleaded. Thus, the defendant's subsequent vague claim of innocence constituted an insufficient basis upon which to vacate his plea of guilty (see, People v. Frederick, 45 N.Y.2d 520).
The defendant's argument, raised in his pro se brief, that he was improperly sentenced as a second violent felony offender, has not been preserved for appellate review (see, People v Pellegrino, 60 N.Y.2d 636) and, in any event, is without merit (see, Penal Law § 70.04 [b] [i]; People v. Morse, 62 N.Y.2d 205, appeal dismissed sub nom. Vega v. New York, 469 U.S. 1186). We have considered the defendant's remaining contentions, including those raised in his pro se brief, and find them to be without merit. Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.