PEOPLE v. MORALES (2005)

Appeal by the defendant from a judgment of the County Court, Westchester County (Adler, J.), rendered July 24, 2003, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant's contention that his plea was involuntary is unpreserved for appellate review since he failed to move to withdraw his plea on this ground (see People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938;  People v. Nicholas, 8 A.D.3d 300, 777 N.Y.S.2d 321;  People v. Alexis, 295 A.D.2d 529, 744 N.Y.S.2d 686).   Moreover, to the extent these issues were raised in the defendant's motion pursuant to CPL 440.10, they are not properly before this court as he failed to seek leave to appeal from the order denying that motion (see People v. Nicholas, supra;  People v. Alexis, supra;  People v. Torres, 194 A.D.2d 815, 599 N.Y.S.2d 1014).   In any event, we find no merit to the defendant's contentions that he was coerced and that he was denied the effective assistance of counsel (see People v. Rangolan, 295 A.D.2d 543, 744 N.Y.S.2d 861;  People v. Fernandez, 291 A.D.2d 456, 737 N.Y.S.2d 545;  People v. Langhorne, 177 A.D.2d 713, 576 N.Y.S.2d 1016).   Furthermore, the defendant's post-plea statements of innocence made to his probation officer did not warrant vacatur of his plea (see People v. Dixon, 29 N.Y.2d 55, 57, 323 N.Y.S.2d 825, 272 N.E.2d 329;  People v. Eaton, 14 A.D.3d 577, 789 N.Y.S.2d 194;  People v. Richardson, 13 A.D.3d 561, 787 N.Y.S.2d 373;  People v. Figueroa, 146 A.D.2d 798, 538 N.Y.S.2d 471).