Opinion
January 31, 1994
Appeal from the County Court, Nassau County (Dunne, J.).
Ordered that the judgment is affirmed.
The court properly denied the defendant's motion to withdraw his guilty plea without conducting an evidentiary hearing (see, People v. Tinsley, 35 N.Y.2d 926; People v. Alicea, 191 A.D.2d 702). Appellate review of the claim of excessive sentence was effectively waived by the defendant as part of his plea bargain (see, People v. Callahan, 80 N.Y.2d 273; People v. Seaberg, 74 N.Y.2d 1). We have, however examined the defendant's contention that the sentence was excessive and find it to be without merit (see, People v. Kazepis, 101 A.D.2d 816). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.