Judgment affirmed.
On appeal, defendant argues that the trial court erred in taking his guilty plea without explicitly advising him that he was giving up his right to testify at trial. Defendant also argues that Penal Law § 70.06 is unconstitutional. Neither of those arguments was raised prior to imposition of sentence or by motion to vacate the sentence, and thus, neither is preserved for appellate review ( People v. Lemon, 62 N.Y.2d 745; People v Pellegrino, 60 N.Y.2d 636). Moreover, were we to review these issues in the interest of justice, we would find defendant's arguments without merit ( People v. Harris, 61 N.Y.2d 9; People v Cates, 104 A.D.2d 895).
We also reject the contention that defendant's sentence, which will run concurrently with a 3 1/2 to 7-year prison term he previously received as a predicate felon and which was imposed in accordance with defendant's negotiated plea, is unduly harsh and excessive ( see, People v. Kazepis, 101 A.D.2d 816). Lazer, J.P., Gibbons, Thompson and Niehoff, JJ., concur.