Opinion
December 9, 1985
Appeal from the Supreme Court, Queens County (Sherman, J.).
Judgment affirmed.
On appeal, the defendant contends that his plea was not voluntarily, knowingly and intelligently made. However, the defendant failed either to move to withdraw his plea on this ground prior to the imposition of sentence or to vacate the judgment pursuant to CPL 440.10. Therefore, defendant has not preserved this issue for appellate review (see, People v Pellegrino, 60 N.Y.2d 636). Moreover, were we to review this issue in the interest of justice, vacatur would not be required because the record indicates that defendant did voluntarily, knowingly, and intelligently plead guilty (see, People v Harris, 61 N.Y.2d 9).
Finally, there is no merit to the defendant's claim that his sentence, which was imposed in accordance with the plea agreement (People v Kazepis, 101 A.D.2d 816), was excessive. Lazer, J.P., Thompson, Weinstein and Niehoff, JJ., concur.