Peters, J.
In satisfaction of a four-count indictment, defendant pleaded guilty to driving while intoxicated and aggravated unlicensed operation of a motor vehicle; he was thereafter sentenced to terms of imprisonment of 1 to 4 years and 1 to 3 years, respectively, with such sentences to run concurrently. Defendant appeals, contending that he was denied his constitutional right to effective assistance of counsel (US Const, 6th, 14th Amends; N Y Const, art I, § 6). His argument is largely premised upon counsel's failure to recognize that the agreed-upon sentence of 2 to 4 years, which induced defendant to enter a guilty plea, was not a legal sentence because defendant was not a second felony offender.
Initially, this issue is not preserved for our review inasmuch as defendant has not moved either to withdraw his plea or vacate the judgment of conviction (see, People v. Millis, 266 A.D.2d 581, lv denied 94 N.Y.2d 826). Were we to consider defendant's claim, we would find it wholly without merit. Given that defendant admits that he ultimately received a shorter sentence than the one which induced him to plead guilty, we find no proof that "defendant suffered actual prejudice as a result of the claimed deficiencies, which is a necessary prerequisite to a finding of ineffective assistance of counsel" (People v. Frascatore, 200 A.D.2d 860, 861).
Cardona, P.J., Spain, Carpinello and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed.