PEOPLE v. JOYNER

Ordered that the judgment is affirmed.

The defendant, by failing to move to vacate or withdraw his guilty plea, has failed to preserve for review his claim as to the sufficiency of the plea allocution (see, People v Pellegrino, 60 N.Y.2d 636). In any event, reversal in the interest of justice is not warranted in this case on that ground.

The defendant's pro se claim as to the ineffective assistance of counsel rests upon matters dehors the record and is not properly before this court (see, People v Whaley, 144 A.D.2d 510; CPL 440.10).

Finally, we find that the sentence imposed upon the defendant was not unduly harsh or excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Bracken, Kunzeman and Rubin, JJ., concur.