Opinion
March 9, 1998
Appeal from the County Court, Orange County (Berry, J.).
Ordered that the judgment is affirmed.
Inasmuch as the defendant failed to raise the claim that he was innocent of the crime to which he pleaded guilty by motion to vacate the plea of guilty or otherwise in the court of first instance, his argument that he should be relieved of his plea of guilty has not been preserved for appellate review ( see, People v. Pellegrino, 60 N.Y.2d 636).
In any event, the defendant's unsubstantiated claims of innocence, which were belied by his statement at the plea proceeding, provided no basis to vacate the plea ( see, People v. Walsh, 243 A.D.2d 590; People v. Sanchez, 184 A.D.2d 537) or to conduct a hearing on the subject ( see, People v. Dickerson, 163 A.D.2d 610).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80). It is well settled that affliction with the HIV virus or with AIDS, standing alone, does not warrant a reduction in an otherwise appropriate sentence ( see, People v. Perez, 181 A.D.2d 922).
The defendant's remaining contention is without merit.
O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.