Opinion
April 19, 1996
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Green, J.P., Fallon, Wesley, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Supreme Court did not abuse its discretion in denying, without a hearing, the motion of defendant to withdraw his guilty plea prior to sentencing ( see, CPL 220.60; People v. Tinsley, 35 N.Y.2d 926, 927; People v. Boothman, 217 A.D.2d 1007). The contention that trial counsel failed to advise defendant that his sentence would run concurrently with a sentence he was serving on a prior conviction is based upon matters outside the record. Therefore, defendant is relegated to a motion for postjudgment relief ( see, CPL 440.10; People v. Larrabee, 201 A.D.2d 924, lv denied 83 N.Y.2d 855; see also, People v. Ramos, 63 N.Y.2d 640). Finally, from our review of the record, we conclude that defendant voluntarily, knowingly and intelligently waived his right to appeal ( see, People v. Moissett, 76 N.Y.2d 909; People v Underwood, 210 A.D.2d 994).