Opinion
October 26, 1987
Appeal from the County Court, Rockland County (Edelstein, J.).
Ordered that the sentence is affirmed, and the matter is remitted to the County Court, Rockland County, for further proceedings pursuant to CPL 460.50 (5).
The County Court informed the defendant that he could not, in good conscience, impose the promised sentence due to the nature and extent of the crimes. The defendant was then offered the option of accepting the sentence actually imposed or withdrawing his guilty plea (see, People v. Selikoff, 35 N.Y.2d 227, cert denied 419 U.S. 1122). The court gave the defendant an adjournment for more than one week to consider this and to make a decision. On the adjourned date, the defendant expressly stated that he would not withdraw his plea of guilty and would "accept" the proposed sentence. The defendant had not so changed his position in reliance on the sentence promise that the withdrawal of his guilty plea would not have restored him to his original position (cf., People v. McConnell, 49 N.Y.2d 340; People v. Danny G., 61 N.Y.2d 169). Therefore, he was not entitled to specific performance of the original sentence promise.
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Mollen, P.J., Mangano, Thompson and Sullivan, JJ., concur.