Opinion
December 19, 2000.
Judgment, Supreme Court, New York County (Arlene Goldberg, J.), rendered June 11, 1999, convicting defendant, upon his plea of guilty, of grand larceny in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Annica H. Jin, for respondent.
Robin Nichinsky, for defendant-appellant.
Before: Nardelli, J.P., Tom, Mazzarelli, Wallach, Rubin, JJ.
The record, including the thorough plea allocution, establishes that defendant's guilty plea was knowingly, intelligently and voluntarily entered (see, People v. Fiumefreddo, 82 N.Y.2d 536, 543-544) and that he received meaningful representation (see, People v. Ford, 86 N.Y.2d 397, 404).
Under the cooperation agreement, the People, in their sole discretion, were to determine whether defendant's cooperation efforts were so "extraordinary" as to warrant a misdemeanor plea. The cooperation agreement clearly promised such leniency in exchange for "extraordinary"; efforts, not simple cooperation (see, People v. Anonymous, 219 A.D.2d 525, lv denied, 87 N.Y.2d 844). Inasmuch as the People's determination that the agreement went unfulfilled was made in good faith, defendant's motion for specific performance or leave to withdraw his plea was properly denied (People v. Anonymous, 253 A.D.2d 709,lv denied 92 N.Y.2d 980). The court, after affording defendant a full and fair opportunity to address the issue of his cooperation, imposed the minimum sentence permissible under the felony plea.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.