Opinion
November 30, 1987
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Ordered that the judgment under indictment No. 1334/84 is modified, on the law, by reducing the minimum term of imprisonment imposed on the defendant's conviction of attempted murder in the second degree from 10 years to 6 2/3 years; as so modified, that judgment is affirmed; and it is further,
Ordered that the judgment under indictment No. 1257/84 is affirmed.
The defendant failed to raise his objections regarding the adequacy of his plea allocutions in the court of first instance and, accordingly, has not preserved his claims for appellate review (see, People v. Hoke, 62 N.Y.2d 1022; People v Pellegrino, 60 N.Y.2d 636). In any event, the record reveals that the defendant knowingly and intelligently pleaded guilty (People v. Harris, 61 N.Y.2d 9). The defendant's claim that he was denied the effective assistance of counsel is based on allegations which are dehors the record and thus cannot be reviewed on direct appeal.
Lastly, we note that the sentence imposed by the trial court on the defendant's conviction for attempted murder in the second degree was not a legally permissible sentence and accordingly must be modified on appeal to reduce the minimum term to one third of the maximum actually imposed (see, Penal Law § 70.02; People v. Battles, 117 A.D.2d 509). The defendant received precisely the sentence for which he bargained on his conviction for murder in the second degree and that sentence will not be disturbed on appeal (People v. Kazepis, 101 A.D.2d 816). Thompson, J.P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.