Opinion
May 28, 1991
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the judgment is affirmed.
The Supreme Court did not err in denying the defendant's motion to withdraw his plea of guilty. This motion was made by defense counsel, after the sentence had already been imposed, on the ground that the court had promised to impose a sentence of, at most, 9 to 21 years imprisonment.
There is no indication in the record on appeal that the court in fact made such a promise before the defendant's plea was taken. The defendant may not properly seek vacatur of his plea based upon alleged "off-the-record" statements, either on the theory that the court violated such an "off-the-record" promise, or on the theory that defense counsel provided him with incorrect information as to the sentence commitment actually made by the court (see, People v Ramos, 63 N.Y.2d 640, revg 99 A.D.2d 724; People v Frederick, 45 N.Y.2d 520, 525; People v Selikoff, 35 N.Y.2d 227, 244, cert denied 419 U.S. 1122; People v Rodriguez, 150 A.D.2d 812, 813; People v Serrano, 149 A.D.2d 445; People v La Placa, 127 A.D.2d 610).
We find that the sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Mangano, P.J., Bracken, Brown and Balletta, JJ., concur.