People v. Bright

Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion in denying defendant’s motion to withdraw his guilty plea (see, CPL 220.60; People v Ramos, 63 NY2d 640 , 642; People v Dixon, 29 NY2d 55 , 57). Further, defendant’s claim that he was sentenced improperly is without merit. Because defendant voluntarily admitted his prior felony conviction and was aware that he was facing an enhanced sentence, he is es-topped from challenging the court’s sentencing him as a second felony offender (see, People v Bates, 124 AD2d 994 ; see also, People v Bouyea, 64 NY2d 1140 ). (Appeal from judgment of Orleans County Court, Miles, J. — absconding from temporary release, first degree.) Present — Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.