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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUPERT CRUZ, Appellant.

Ordered that the judgment is affirmed.

The defendant's challenge to the trial court's acceptance of his guilty plea is not preserved for appellate review (see, People v Lopez, 71 N.Y.2d 662; People v Pellegrino, 60 N.Y.2d 636). In any event, there is no merit to the defendant's claim that his guilty plea should be vacated because he did not admit to each element of the charged crimes (see, North Carolina v Alford, 400 U.S. 25, 27; People v Serrano, 15 N.Y.2d 304, 308-310).

We further find that the imposition of the 5-to-15-year sentence on the rape conviction was not excessive, and appellate modification is unwarranted (see, People v Kazepis, 101 A.D.2d 816).

Finally, the defendant's claim that he was deprived of the effective assistance of counsel is without merit. Thompson, J.P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.

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PEOPLE v. CRUZ
(Jan 23, 1989)