Opinion
April 27, 1987
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the sentence is affirmed.
The defendant was sentenced, as promised, to an indeterminate term of imprisonment of 1 to 3 years. While the court would have sentenced the defendant to a different term, the People refused to give their consent (see, People v Farrar, 52 N.Y.2d 302). Moreover, the defendant was offered the opportunity to withdraw his plea and proceed to trial, prior to the imposition of the promised sentence, but he declined to do so. Consequently, the court properly imposed the promised sentence.
In addition, we have reviewed the proceedings and probation report, and find no reason to modify the imposed sentence, which was the minimum indeterminate term of imprisonment authorized by law (see, Penal Law § 70.00 [c]; [3] [b]). Thompson, J.P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.