Opinion
October 26, 1987
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is affirmed.
The defendant, who has interposed no challenge to his plea of guilty, acknowledged during the plea allocution that no promise was being made concerning sentence and that he understood he could receive a sentence of up to seven years. He therefore cannot be heard to complain that an alleged off-the-record "promise" by the prosecutor of a 2- to 4-year term induced his plea (People v. Selikoff, 35 N.Y.2d 227, cert denied 419 U.S. 1122). The defendant's present claim that he was denied effective assistance of counsel is not established by the record and should have been raised by a collateral or postjudgment motion (cf., People v. Brown, 45 N.Y.2d 852). Finally, we do not find that the sentence imposed is harsh or excessive (People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Eiber, Sullivan and Harwood, JJ., concur.