Opinion
May 30, 1989
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the judgment is affirmed.
The defendant having failed to challenge the validity of his plea by motion before the court of first instance, has failed to preserve for our review his implicit argument that he should now be relieved of the plea (see, People v Pellegrino, 60 N.Y.2d 636). The defendant's claim of ineffective assistance of counsel is not borne out by the record and should have been made by appropriate collateral motion (see, People v Brown, 45 N.Y.2d 852). Finally, we discern no basis for disturbing the sentence imposed pursuant to the plea bargain (see, People v Kazepis, 101 A.D.2d 816; see also, People v Suitte, 90 A.D.2d 80). Mangano, J.P., Brown, Lawrence, Kooper and Harwood, JJ., concur.