Opinion
January 12, 1987
Appeal from the County Court, Westchester County (Nastasi, J.).
Ordered that the judgment is affirmed.
The defendant contends on appeal that because the court failed to inform him during the plea proceedings that, as part of his sentence, his driver's license would be revoked for a period of five years, the sentence imposed should be modified so as to permit him to reapply for a license to operate a motor vehicle prior to the expiration of the five-year term. We disagree.
The defendant, by failing to seek a vacatur of his plea or by otherwise failing to protest or object to the five-year revocation period before the court of first instance, has not properly preserved for appellate review the claim he now raises on appeal (see, People v. Pellegrino, 60 N.Y.2d 636).
The defendant's claim, in any event, is devoid of merit. The record discloses that the defendant had indeed been advised during his plea proceedings that his license to operate or drive a vehicle would be revoked and the imposition of a condition of revocation for a term of five years was neither unlawful nor excessive in view of the fact that the instant offense constituted the defendant's third conviction for driving while intoxicated. Mangano, J.P., Brown, Rubin and Eiber, JJ., concur.