Opinion
April 13, 1998
Appeal from the County Court, Nassau County (Cotter, J.).
Ordered that the judgment is affirmed.
The Court permissibly exercised its discretion in denying the defendant's motion to vacate his plea of guilty ( see, People v. Ellerbe, 237 A.D.2d 299; People v. Sears, 204 A.D.2d 578, 579; People v. Ladelokun, 192 A.D.2d 723, 724; People v. Lisbon, 187 A.D.2d 457, 458; see also, People v. Ford, 86 N.Y.2d 397, 404; People v. Rivera, 71 N.Y.2d 705, 708; People v. Baldi, 54 N.Y.2d 137, 146-147; People v. Francis, 211 A.D.2d 812, 813). The defendant's contention that the court improperly adjudicated him a second felony offender is unpreserved for appellate review, and, in any event, without merit ( see, People v. Pellegrino, 60 N.Y.2d 636; see also, People v. Proctor, 79 N.Y.2d 992; People v. Polanco, 232 A.D.2d 674, 675; People v. Ramos, 150 A.D.2d 811).
O'Brien, J.P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.