Opinion
2002-01579.
December 29, 2003.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered January 22, 2002, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Arza Feldman, Hauppauge, N.Y. (Steven A. Feldman of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.
Before: SANDRA L. TOWNES and REINALDO E. RIVERA, JJ.
DECISION ORDER
The defendant argues for the first time that the County Court erred in imposing a period of probation excess of that promised as part of the plea agreement, and that accordingly the period of probation should be reduced.
The defendant's failure at the time of sentencing either to object to the County Court's violation of the plea agreement or to attempt to withdraw his plea precludes the court from granting the relief requested ( see People v. Ifill, 108 A.D.2d 202). Moreover, the promised sentence was illegal and any sentence promise at the time of the plea is, as a matter of law and strong public policy, conditioned upon, inter alia, it being lawful ( see People v. Selikoff, 35 N.Y.2d 227, 238, cert denied 419 U.S. 1122).
FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.