PEOPLE v. AGUIRRE

ORDERED that the judgment is affirmed.

The defendant failed to move to withdraw his guilty plea allegedly due to the ineffective assistance of his trial counsel. As such, his present claims are unpreserved for appellate review (see People v. Konstantinides, 295 A.D.2d 537; People v. Lebron, 290 A.D.2d 565; People v. Javis, 260 A.D.2d 579). Moreover, the defendant's claim of ineffective assistance of counsel rests upon material dehors the record and may not be considered (see People v. O'Connor, 291 A.D.2d 573; People v. Weekes, 289 A.D.2d 599; People v. Wells, 288 A.D.2d 408; People v. Turner, 266 A.D.2d 245).

FLORIO, J.P., LUCIANO, SCHMIDT and COZIER, JJ., concur.