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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES S. KELLY, Appellant.

Ordered that the judgment is affirmed.

The defendant failed to establish that his assigned counsel rendered ineffective assistance to him during the plea proceeding. Accordingly, the Supreme Court did not improvidently exercise its discretion when it denied the defendant's motion, made at sentencing, for the assignment of new counsel and an adjournment.

The defendant expressly waived his right to claim on appeal that the sentence which he received was excessive (see, People v Seaberg, 74 N.Y.2d 1; see also, People v Kazepis, 101 A.D.2d 816). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.

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PEOPLE v. KELLY
(Sep 18, 1995)