Opinion
September 19, 1997
Appeal from the Criminal Court of the City of New York, Bronx County (Megan Tallmer, J.).
Daniel L. Greenberg, New York City (Katheryne M. Martone of counsel), for appellant.
Robert T. Johnson, District Attorney of Bronx County (Karen Swiger and Karin R. Vandeuenne of counsel), for respondent.
Judgment of conviction rendered July 17, 1995 affirmed.
Criminal Court did not abuse its discretion in rejecting the defendant's proposed plea arrangement based upon an unauthorized sentence (see, People v. Bartley, 60 A.D.2d 283, affd 47 N.Y.2d 965) or in refusing to entertain any further plea offers when, following the close of the People's case, no fewer than three attempts to allocute defendant on a permissible plea agreement had proven unsuccessful (see generally, People v. Selikoff, 35 N.Y.2d 227, 235, cert denied 419 U.S. 1122; People v. Nixon, 21 N.Y.2d 338, 351; compare, People v. Compton, 157 A.D.2d 903, lv denied 75 N.Y.2d 918).
Defendant's challenge to the sufficiency of the trial evidence is unpreserved for review (People v. Gray, 86 N.Y.2d 10) and, in any event, without merit. Upon an independent review of the facts, we find that the verdict was not against the weight of the evidence.
McCOOE, J. P., FREEDMAN and DAVIS, JJ, concur.