Opinion
November 18, 1985
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Judgment affirmed.
Defendant failed to either move to withdraw the plea prior to the imposition of sentence in the court of first instance, or to move to vacate the judgment pursuant to CPL 440.10. His oral attempt to withdraw his plea after sentence was properly rejected by Criminal Term (see, People v Miller, 90 A.D.2d 799).
There is nothing in the record to support defendant's contention that his counsel was ineffective so as to vitiate defendant's plea of guilty (see, People v Petgen, 55 N.Y.2d 529, 535, rearg denied 57 N.Y.2d 674). O'Connor, J.P., Niehoff, Lawrence and Kooper, JJ., concur.