Opinion
October 30, 1995
Appeal from the Supreme Court, Kings County (Marrus, J., Juviler, J.).
Ordered that the judgment and amended judgment are affirmed.
The court did not improvidently exercise its discretion in denying the defendant's motion to withdraw his pleas of guilty (see, CPL 220.60; People v. Stubbs, 110 A.D.2d 725).
The defendant was properly adjudicated a second felony offender on the basis of a prior conviction for operating a motor vehicle while under the influence of alcohol under Vehicle and Traffic Law § 1192 (3) (see, People v. Caruso, 125 A.D.2d 403). The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Balletta, J.P., Rosenblatt, Pizzuto, Joy and Altman, JJ., concur.