By failing to move to vacate or withdraw his guilty plea at Trial Term, defendant failed to preserve for appellate review his claim that his plea of guilty was not knowingly made. (People v Pellegrino, 60 N.Y.2d 636.) Moreover, were we to consider his claim in the interest of justice, we would find it to be without merit.
Defendant acknowledged on the record that he was adequately advised by counsel with respect to his options. His sentence on the witness tampering charge runs concurrently with his sentence on the greater offense of sale of a controlled substance in the second degree and, in light of all the surrounding circumstances, it does not appear that the trial court's erroneous statement, that defendant could be sentenced to 4 1/2 to 9 years on the tampering count as opposed to the 3 1/2-to-7-year maximum that could be imposed upon him as a second felony offender under the statute (Penal Law § 70.06 [d]), materially affected the voluntariness of defendant's plea. (See, People v. Provosty, 141 A.D.2d 867, lv denied 72 N.Y.2d 960; People v. Brownell, 140 A.D.2d 755, lv denied 72 N.Y.2d 916.)
Concur — Kupferman, J.P., Sullivan, Rosenberger, Kassal and Smith, JJ.