Opinion
June 17, 1985
Appeal from the Supreme Court, Queens County (Leahy, J.).
Judgment affirmed.
By failing to move to withdraw his guilty plea, defendant has failed to preserve for appellate review the issue of the sufficiency of the allocution ( see, People v. Pellegrino, 60 N.Y.2d 636; People v. Lawrence, 100 A.D.2d 944; People v. Mattocks, 100 A.D.2d 944) and review in the interest of justice is not warranted. Moreover, the defendant, "by pleading guilty prior to a decision on his suppression motion, waived final determination of the motion, and thus failed to preserve any suppression issue for appellate review" ( People v. Corti, 88 A.D.2d 345, 347). Defendant's claims of ineffectiveness of counsel require the making of an additional record, and should be determined by way of a collateral or postconviction proceeding pursuant to CPL 440.10 ( see, People v. Lawrence, supra; People v. Drummond, 99 A.D.2d 760). Finally, we note that inasmuch as defendant received the sentence for which he bargained, he has no basis to complain that the sentence was excessive ( see, People v. Kazepis, 101 A.D.2d 816). Lazer, J.P., Gibbons, O'Connor and Brown, JJ., concur.