Opinion
No. 570430/13.
10-27-2015
The PEOPLE of the State of New York, Respondent, v. Robert LEVELS, Defendant–Appellant.
Opinion
PER CURIAM.
Judgment of conviction (Erika M. Edwards, J. at plea; Steven M. Statsinger, J. at sentencing), rendered April 9, 2013, affirmed.
In view of defendant's failure to fulfill the conditions of the plea agreement requiring him to pay restitution and complete ten days of community service, the court properly revoked its promise to permit defendant to replead to disorderly conduct (see People v. Figgins, 87 N.Y.2d 840 1995; People v. Roman, 264 A.D.2d 678 1999, lv denied 94 N.Y.2d 906 2000 ). Defendant was specifically warned during the plea allocution that if he failed to satisfy the conditions of the plea, he would not be permitted to replead to the lesser charge (see People v. Buglione, 11 AD3d 297 2004 ).
Nor do we perceive any basis to modify defendant's negotiated sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.