Opinion
January 11, 1988
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the judgment is affirmed.
The defendant failed to raise his objections to the adequacy of his plea allocution in the Supreme Court, Queens County. Consequently, his claims have not been preserved for appellate review (see, People v Hoke, 62 N.Y.2d 1022; People v Pellegrino, 60 N.Y.2d 636; People v Edgehill, 130 A.D.2d 761). In any event, we find that the allocution established the requisite elements of the crime and did not suggest an entrapment defense requiring further inquiry by the court (see, People v Castro, 133 A.D.2d 839).
Furthermore, the Supreme Court did not abuse its discretion in denying the defendant's application to withdraw his plea of guilty on the ground that he received ineffective assistance of counsel at the Mapp hearing and the plea proceeding. The defendant's assertion regarding the Mapp hearing was based on unreliable double hearsay. His claims concerning his attorney's actions with respect to the plea were directly contradicted by the minutes of that proceeding and are lacking any basis in law. Accordingly, denial of the motion without a hearing was proper (see, People v Kelly, 117 A.D.2d 680).
Finally, the defendant was properly adjudicated a second felony offender upon his admission that he had previously been convicted of a felony within the requisite time period. The defendant declined an opportunity to challenge his second felony offender status and does not now point to any constitutional infirmity in the prior conviction. Thus, there is no reason to disturb his sentence (see, People v Johnson, 134 A.D.2d 370). Bracken, J.P., Kunzeman, Spatt and Harwood, JJ., concur.