Opinion
June 5, 1992
Appeal from the Supreme Court, Monroe County, Doyle, J.
Present — Denman, P.J., Boomer, Pine, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Prior to trial, defendant was offered a plea bargain contingent on his codefendant's acceptance of a similar offer. When the codefendant rejected his offer, he and defendant proceeded to trial. Whether a defendant should be offered a plea rests in the discretion of the prosecutor, and there was nothing improper about the offer made in this case (see, People v. Pena, 50 N.Y.2d 400, 411-412, cert denied 449 U.S. 1087; People v. Brown, 144 A.D.2d 975, 976, lv denied 73 N.Y.2d 889; see also, People v. Esajerre, 35 N.Y.2d 463, 466). The mere fact that defendant was ultimately sentenced to a term of incarceration greater than that offered as a part of the plea bargain does not render his sentence harsh or excessive (see, People v. Rodriguez, 111 A.D.2d 524, 525; see also, People v. Pena, supra, at 411-412).
We have examined defendant's other contentions and find them to be without merit (see, People v. Diaz, 177 A.D.2d 982, lv denied 79 N.Y.2d 855).