Opinion
October 13, 1987
Appeal from the Supreme Court, Kings County (Marano, J.).
Ordered that the judgment is affirmed.
The defendant's claim that his plea should be vacated is not preserved for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636), and in any event, is without merit (see, People v Harris, 61 N.Y.2d 9). The defendant's claim of ineffective assistance of counsel is based upon facts dehors the record.
Further, we find that the defendant was properly adjudicated a second felony offender (see, People v. Loughlin, 66 N.Y.2d 633, 635-636, rearg denied 66 N.Y.2d 916; People v. Young, 123 A.D.2d 366, 367-368, lv denied 68 N.Y.2d 919; People v. Morcilio, 91 A.D.2d 1074). Mangano, J.P., Brown, Lawrence, Weinstein and Kunzeman, JJ., concur.