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THE PEOPLE, ETC., respondent, v. KENNETH E. MOORE, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court breached the plea agreement is not preserved for appellate review because he did not raise it at sentencing and did not move to withdraw his plea or to vacate the judgment on that ground ( see People v. Rooney, 299 A.D.2d 565; People v. Owens, 294 A.D.2d 603). In any event, the defendant expressly agreed to the sentence imposed after renewed plea negotiations with a new attorney, and he did not object to or indicate a desire to withdraw his original plea ( see People v. O'Neil, 184 A.D.2d 663).

The defendant was not deprived of the effective assistance of counsel ( see People v. Henry, 95 N.Y.2d 563; People v. Beneveto, 91 N.Y.2d 708; People v. Baldi, 54 N.Y.2d 137).

RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.

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PEOPLE v. MOORE
(Feb 23, 2004)