Opinion
February 13, 1996
Appeal from the County Court, Nassau County (DeRiggi, J.).
Ordered that the judgment is affirmed.
The defendant entered into this plea agreement knowingly and intelligently (see, People v. Harris, 61 N.Y.2d 9). Moreover, the defendant waived appellate review of any claims based upon proof which is not contained within the record by failing to move to vacate his plea, and by failing to seek leave to appeal from the order denying his motion to vacate his judgment of conviction or set aside his sentence (see, People v. Conte, 186 A.D.2d 579; see also, CPL 450.15; 460.15).
The defendant's remaining contentions are without merit. O'Brien, J.P., Copertino, Santucci and Krausman, JJ., concur.