Opinion
May 26, 1987
Appeal from the County Court, Orange County (Patsalos, J.).
Ordered that the judgment is affirmed.
The County Court did not abuse its discretion in denying the defendant's presentence application to withdraw his plea of guilty. The defendant was sentenced as a second felony offender in accordance with the promise made when he entered his plea. The claimed misadvice of the defendant's attorney concerning when the promised sentence would begin to run (see, Penal Law § 70.25 [2-a]) was not placed on the record at the time of his plea, and is not entitled to judicial recognition (People v. Ramos, 63 N.Y.2d 640). Moreover, the defendant's present claim of ineffective assistance of counsel should have been made by an appropriate postconviction motion (cf., People v. Brown, 45 N.Y.2d 852). Mollen, P.J., Brown, Weinstein, Eiber and Harwood, JJ., concur.