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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT ELLIS, Appellant.

We reject defendant's claim that his second felony offender prison sentence of 1 1/2 to 3 years was harsh and excessive. The sentence was part of a negotiated plea agreement and was the most lenient sentence authorized (see, Penal Law § 70.06 [e]; People v. Pardoe, 147 A.D.2d 820). As to his claim that he is innocent, insofar as defendant failed to move to withdraw his plea or to vacate the judgment of conviction, judicial review is precluded (see, People v. Claudio, 64 N.Y.2d 858). In any event, the plea minutes reveal no deficiencies whatsoever concerning defendant's admission of guilt (see, People v. Clickner, 128 A.D.2d 917, lv. denied 70 N.Y.2d 644).

Judgment affirmed. Mahoney, P.J., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.

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PEOPLE v. ELLIS
(Nov 1, 1990)