Opinion
KA 02-00940.
November 21, 2003.
Appeal from a judgment of Cayuga County Court (Fandrich, J.), entered March 19, 2002, convicting defendant upon his plea of guilty of burglary in the second degree (four counts).
Cynthia B. Brennan, Auburn, for Defendant-Appellant.
Before: Present: Pigott, Jr., P.J., Green, Scudder, Kehoe, and Hayes, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of four counts of burglary in the second degree (Penal Law § 140.25). We reject the contention of defendant that he is entitled to specific performance of the plea agreement. Defendant does not contend that he detrimentally relied upon the original sentencing promise, and he was afforded the opportunity to withdraw his plea after County Court set forth its reasons for not imposing the agreed-upon sentence ( see People v. Schultz, 73 N.Y.2d 757, 758; People v. Jones, 287 A.D.2d 741, 742, lv denied 97 N.Y.2d 706; People v. Rooks, 262 A.D.2d 1073, lv denied 94 N.Y.2d 828; People v. Miller, 221 A.D.2d 1002, lv denied 87 N.Y.2d 1022). The sentence is neither unduly harsh nor severe.