Opinion
April 27, 1992
Appeal from the Supreme Court, Kings County (Juviler, J.).
Ordered that the judgment is affirmed.
The defendant's contentions are unpreserved for appellate review, as he failed to move to withdraw his plea or to raise these issues in the court of first instance (see, People v Pellegrino, 60 N.Y.2d 636; People v Dritto, 178 A.D.2d 428; People v Aloisi, 177 A.D.2d 491). In any event, the defendant's contentions provide no basis for relieving him of the terms of his plea.
The record does not support the defendant's claim that he was misled by the court as to his potential prosecution for murder in the second degree following his conviction of attempted murder in the second degree, in the event the victim subsequently died (see, CPL 40.20 [d]; Diaz v United States, 223 U.S. 442; People v Rivera, 60 N.Y.2d 110). Moreover, the court correctly advised the defendant of the maximum sentence he faced for attempted murder in the second degree (see, Penal Law § 70.06 [b]; [4] [b]). We find that the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit. Bracken, J.P., Eiber, O'Brien and Pizzuto, JJ., concur.