Opinion
March 6, 1989
Appeal from the County Court, Orange County (Patsalos, J.).
Ordered that the judgment is affirmed.
As a general rule, "a guilty plea induced by an unfulfilled promise either must be vacated or the promise honored" (People v Selikoff, 35 N.Y.2d 227, 241, cert denied 419 U.S. 1122; see, People v. Torres, 45 N.Y.2d 751, 753; People v. Burton, 133 A.D.2d 276, 277; People v. Declemente, 108 A.D.2d 868). However, this principle is not applicable where the defendant's claim has not been preserved and where the sentence actually imposed was not abusive or illegal (see, People v. Burton, supra, at 277; People v. Ifill, 108 A.D.2d 202). In this case, the court, at the plea hearing, initially agreed to sentence the defendant to a term of 3 to 6 years' imprisonment. At sentencing, however, the defendant was informed that given his second violent felony offender status, the legally permissible minimum term which the court could impose was 4 to 8 years' imprisonment. Defense counsel responded by stating that the sentence of 4 to 8 years was acceptable to the defendant, and the defendant voiced no objection to the imposition of such sentence. Therefore, the defendant's challenge to the propriety of the sentence has not been preserved for appellate review (see, People v. Burton, supra; People v. Ifill, supra). Mollen, P.J., Bracken, Rubin and Sullivan, JJ., concur.