Ordered that the judgment is affirmed.
The defendant contends that he was denied his right to counsel at his sentencing because when he moved to withdraw his plea, the defense counsel took an adverse position. The record, however, indicates that the defense counsel did not take an adverse position to the defendant's request and that the court based its determination upon the record before it and not upon any statements by counsel ( see, People v. Cain, 235 A.D.2d 429, 430; People v. Greene, 208 A.D.2d 764; People v. Sutton, 39 A.D.2d 820).
Furthermore, the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed. The defendant has no basis to now complain that the sentence was excessive ( see, People v. Kazepis, 101 A.D.2d 816).
Mangano, P.J., Joy, Friedmann and Goldstein, JJ., concur.