Opinion
July 22, 1996
Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).
Ordered that the judgment is affirmed.
The defendant failed to make a motion to withdraw his plea of guilty. Thus, he failed to preserve for appellate review his contentions that the defense of agency should have been presented to the Grand Jury and that his plea allocution was insufficient ( see, People v. Pellegrino, 60 N.Y.2d 636). Since the defendant received the promised sentence, he has no basis to complain that his sentence is excessive ( see, People v. Kazepis, 101 A.D.2d 816). The defendant's contention that he was denied the effective assistance of counsel is without merit. Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.