Opinion
June 28, 1990
Appeal from the Supreme Court, New York County, George Roberts, J.
Defendant's claim that the prosecutor breached the plea bargain by making a sentence recommendation was not preserved and, in any event, is without merit, since defendant did not fulfill his part of the bargain by making restitution of the $100,000 he had stolen. Nor was the sentence excessive. Larceny in the third degree being a class "D" felony with a maximum sentence of seven years, the sentence imposed was actually in the lower range of the court's discretion (see, People v. Farrar, 52 N.Y.2d 302, 305-306; People v. Junco, 43 A.D.2d 266, 268, affd 35 N.Y.2d 419, cert denied 421 U.S. 951).
Concur — Kupferman, J.P., Milonas, Ellerin, Wallach and Rubin, JJ.