Opinion
December 22, 1995
Appeal from the Supreme Court, Monroe County, Affronti, J.
Present: Pine, J. P., Lawton, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of two counts of burglary in the first degree, defendant contends that Supreme Court improperly imposed a harsher sentence than that negotiated as part of the plea and sentence agreement when it stated at sentencing that "[i]t is also my intent * * * that you serve the maximum imposed by this Court today and I would be so informing the requisite authorities in that regard". That contention lacks merit. The court's statement of its intent is not binding on the State Board of Parole and is not relevant until parole proceedings are commenced (see, People v Cummings, 194 A.D.2d 994, 995, lv denied 82 N.Y.2d 752; People v Cornielle, 176 A.D.2d 190, 191, lv denied 79 N.Y.2d 855; see also, People v Tower, 308 N.Y. 123). In any event, defendant has failed to demonstrate that the court acted out of retaliation (see, People v. Cummings, supra, at 995; People v. Cornielle, supra, at 191).