Opinion
December 19, 1988
Appeal from the Supreme Court, Kings County (Schneier, J.).
Ordered that the judgment is affirmed.
Upon accepting the defendant's plea of guilty, the trial court advised the defendant that if the probation report persuaded it that a conditionally promised sentence could not be imposed, he would be afforded an opportunity to withdraw his plea. That eventuality occurred but the defendant, knowing that he would receive the sentence that was thereafter actually imposed, declined the offer to withdraw his plea (see, People v Schultz, 73 N.Y.2d 757; People v Sterling, 73 N.Y.2d 757; People v Selikoff, 35 N.Y.2d 227, cert denied 419 U.S. 1122; cf., People v Burton, 133 A.D.2d 276, lv denied 70 N.Y.2d 798). He shows no basis to complain that the sentence was excessive (cf., People v Kazepis, 101 A.D.2d 816).
We have considered the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Lawrence, Spatt and Harwood, JJ., concur.