Opinion
March 26, 1990
Appeal from the Supreme Court, Queens County (Chetta, J.).
Ordered that the judgment is affirmed.
The defendant failed to preserve the issue of an alleged sentence promise for appellate review since he did not move to withdraw his plea or to vacate the judgment on the ground that the court failed to comply with that promise (see, CPL 470.05; People v Pellegrino, 60 N.Y.2d 636).
In any event, a review of the record shows that a recommendation against deportation of the defendant was not part of the plea agreement. Since the defendant received the sentence which had been promised, he should not now be heard to complain that it is excessive (see, People v Kazepis, 101 A.D.2d 816). Brown, J.P., Kunzeman, Eiber and Miller, JJ., concur.