Opinion
December 2, 1985
Appeal from the Supreme Court, Queens County (Agresta, J.).
Judgment affirmed.
Defendant's contention that the plea allocution was deficient is not preserved for review on the appeal from this judgment because defendant failed to move to withdraw his plea before sentencing (see, People v Claudio, 64 N.Y.2d 858; People v Pellegrino, 60 N.Y.2d 636; People v Vanier, 110 A.D.2d 980). Defendant additionally argues that Penal Law § 70.06 is an ex post facto law as applied to him because his prior crime, which serves as the predicate crime in his predicate felony sentence, was committed before the enactment of said statute. We do not agree because the increased punishment was inflicted for the present crime only and not as an additional penalty for the prior offense (see, People v Mangiapane, 87 A.D.2d 851). O'Connor, J.P., Weinstein, Niehoff and Eiber, JJ., concur.