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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MARTINEZ, Appellant.

Judgment affirmed.

Contrary to defendant's claim, the record indicates that CPL 400.15 was complied with in sentencing defendant as a second violent felony offender ( see, People v. Brown, 54 A.D.2d 719). Also, inasmuch as defendant pleaded guilty with the understanding that he would receive the sentence which was actually imposed, he has no basis to complain that the sentence was excessive ( see, People v. Kazepis, 101 A.D.2d 816). We note that for the most part, defendant's claims of ineffective assistance of counsel require the making of an additional record, and should be determined by way of a collateral or postconviction proceeding pursuant to CPL 440.10 ( see, People v. Drummond, 99 A.D.2d 760). Defendant's other claims are unpreserved for appellate review. Titone, J.P., Mangano, Weinstein and Kunzeman, JJ., concur.

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PEOPLE v. MARTINEZ
(May 6, 1985)