Opinion
October 26, 1984
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Judgment affirmed.
We note that the issue raised by the defendant concerning his plea of guilty was not presented to the court of first instance by way of a motion to withdraw the plea or vacate the judgment. Accordingly, that issue has not been preserved for review (see People v Pellegrino, 60 N.Y.2d 636; People v Willie, 101 A.D.2d 819; People v Thomas, 74 A.D.2d 317, aff'd 53 N.Y.2d 338). In any event, were we to address the merits, we would affirm.
Regarding defendant's sentence, which he claims is excessive, he pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed. On this record, defendant has no basis to now complain that his sentence was excessive. Brown, J.P., Niehoff, Rubin and Eiber, JJ., concur.