Opinion
June 10, 1998
Appeal from Judgment of Jefferson County Court, Clary, J. — Criminal Sale Controlled Substance, 5th Degree.
Present — Denman, P.J., Lawton, Wisner, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that County Court erred in accepting his plea of guilty to criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31) without fully exploring his possible defenses. Absent a motion to withdraw the guilty plea or to vacate the judgment of conviction, that contention is not preserved for our review ( see, People v. Perez, 228 A.D.2d 821, 822-823, lv denied 88 N.Y.2d 968). Defendant was not denied effective assistance of counsel ( see, People v. Baldi, 54 N.Y.2d 137, 147).