Opinion
March 18, 1985
Appeal from the Supreme Court, Queens County (Kellam, J.).
Judgment affirmed.
Defendant, with the assistance of counsel, pleaded guilty after being promised a negotiated sentence. Defendant received the benefit of his bargain ( see, People v. Foster, 19 N.Y.2d 150). The record clearly shows that defendant knowingly and voluntarily waived his rights when he pleaded guilty ( People v. Harris, 61 N.Y.2d 9). In view of this State's policy with respect to the finality of guilty pleas, defendant should not be allowed to withdraw his plea in an effort to renegotiate his sentence ( People v. Frederick, 45 N.Y.2d 520; People v. Pastrana, 101 A.D.2d 817).
Defendant's contention that his motion to withdraw his plea should have been granted because he was given an off-the-record promise of a lesser sentence is similarly without merit ( see, People v. Ramos, 63 N.Y.2d 640; Matter of Benjamin S., 55 N.Y.2d 116; People v. Selikoff, 35 N.Y.2d 227, cert denied 419 U.S. 1122). Lazer, J.P., Gibbons, Thompson and Niehoff, JJ., concur.