Opinion
April 29, 1996
Appeal from the County Court, Orange County (Phillips, J.).
Ordered that the judgment is affirmed.
On appeal, the defendant contended that he should have been allowed to withdraw his plea of guilty or that he was entitled to a more lenient sentence due to the People's purported breach of a cooperation agreement. By decision and order dated December 27, 1993, the case was remitted to the County Court, Orange County, to hear and report as to whether the defendant's recantation of his testimony against his codefendant was the product of threats against his life and also as to whether the People became aware of the alleged threats and what response they took thereto ( see, People v. Kloczkowski, 199 A.D.2d 538, supra).
The record supports the County Court's conclusion that the defendant's recantation and breach of the cooperation agreement was not due to certain threats he received while incarcerated and that the People made reasonable efforts to protect the defendant. Thus, the defendant, who failed to fulfill his obligations under the cooperation agreement and who was fully aware of the consequences of his failure was not entitled to the more lenient sentence contained in the agreement, nor was he entitled to withdraw his plea of guilty ( see, People v. Gregory, 223 A.D.2d 503; People v. Gibbs, 161 A.D.2d 661). Bracken, J.P., Balletta, O'Brien and Pizzuto, JJ., concur.