Opinion
February 8, 2001.
Appeal from a judgment of the County Court of Tioga County (Sgueglia, J.), rendered August 13, 1999, convicting defendant upon his plea of guilty of three counts of the crime of rape in the third degree.
Robert Kilmer, Binghamton, for appellant.
Gerald E. Keene, District Attorney, Owego, for respondent.
Before: Cardona, P.J., Mercure, Crew III, Peters and Rose, JJ.
MEMORANDUM AND ORDER
In December 1998, defendant was indicted and charged with one count of rape in the first degree, eight counts of rape in the third degree and three counts of endangering the welfare of a child. Thereafter, defendant pleaded guilty to three counts of rape in the third degree in satisfaction of the indictment and was sentenced, in accordance with a plea agreement, to concurrent indeterminate terms of imprisonment of 2 to 4 years. Defendant now appeals, claiming that his plea was not voluntary and that he was deprived of effective assistance of counsel. Inasmuch as defendant neither moved to vacate his plea nor moved to vacate the judgment of conviction, he has not preserved these issues for our review (see, People v. Ferreri, 271 A.D.2d 805, lv denied 95 N.Y.2d 834). In any event, were we to consider such claims, we would find them wholly without merit. We find defendant's pro se claim that he was improperly sentenced as a second felony offender equally without merit.
ORDERED that the judgment is affirmed.