Opinion
May 4, 1987
Appeal from the County Court, Suffolk County (Seidell, J.).
Ordered that the judgment is affirmed.
The defendant's claim that he is entitled to specific performance of the plea agreement which he made on January 11, 1984 with an Assistant District Attorney is devoid of merit. A hearing was conducted as a result of which the plea bargain was found to have been that in return for the defendant's truthful cooperation and testimony against a codefendant, the prosecution would recommend that he be sentenced to an indeterminate term of imprisonment of 4 to 8 years. The defendant was apprised of the fact that the prosecutor's promise was not binding on the court. The court which accepted the defendant's guilty plea made no promises with respect to the recommended sentence (cf., People v Selikoff, 35 N.Y.2d 227, cert denied 419 U.S. 1122). Under the circumstances, it did not err in imposing a harsher sentence.
There is no evidence on record that the defendant was deprived of meaningful representation by counsel (see, People v. Baldi, 54 N.Y.2d 137, 146-147; People v. Taylor, 105 A.D.2d 814).
The defendant's remaining claims were either waived by his plea of guilty (People v. Thomas, 74 A.D.2d 317, affd 53 N.Y.2d 338; People v. Mitchell, 128 A.D.2d 731), or are without merit. Thompson, J.P., Lawrence, Weinstein and Rubin, JJ., concur.