Opinion
May 9, 1996
Appeal from the Supreme Court, Bronx County (Alexander Hunter, J.).
Defendant's contention that the court sentenced him under the mistaken belief that he was a second violent felony offender is unpreserved and without merit. While the court stated during the plea proceeding that it found defendant to be a second violent felony offender, it is clear that it merely misspoke, inasmuch as at sentencing the court stated that defendant was being sentenced as a second felony offender ( see, People v. Torres, 222 A.D.2d 271; People v. Dell'Orfano, 217 A.D.2d 588, lv denied 87 N.Y.2d 845). Nor is there any evidence in the record supporting defendant's claim that the court intended to sentence defendant to the minimum permissible sentence. In view of the nature of the crime and defendant's past criminal history, the sentence was not excessive and defendant should be bound by his plea bargain ( see, People v. Watson, 199 A.D.2d 184, lv denied 83 N.Y.2d 859).
Concur — Milonas, J.P., Rosenberger, Rubin, Kupferman and Tom, JJ.