Opinion
2011-10-4
The PEOPLE, etc., respondent,v.Patricia BREGEL, appellant.
Mischel & Horn, P.C., New York, N.Y. (Richard E. Mischel and Lisa Marlow Wolland of counsel), for appellant.Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Laurie K. Gibbons of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Honorof, J.), rendered October 6, 2010, convicting her of manslaughter in the second degree, vehicular manslaughter in the second degree, and driving while intoxicated, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
“A court is under no obligation to adhere to a sentencing promise after receiving information affecting the sentence, provided the court affords the defendant the opportunity to withdraw his [or her] plea” ( People v. O'Brien, 52 A.D.3d 535, 536, 859 N.Y.S.2d 690). “[I]f the court cannot or will not impose the sentence promised, the reasons should be stated on the record in order to permit appellate review and avoid arbitrariness or trifling with the legitimate expectations of defendants” ( People v. Rubendall, 4 A.D.3d 13, 19, 772 N.Y.S.2d 346; see People v. Selikoff, 35 N.Y.2d 227, 240, 360 N.Y.S.2d 623, 318 N.E.2d 784, cert. denied 419 U.S. 1122, 95 S.Ct. 806, 42 L.Ed.2d 822). Here, the court stated on the record sufficient reasons for departing from the original sentencing promise. Further, the court afforded the defendant an opportunity to withdraw her plea of guilty, which she declined. Under these circumstances, the defendant was not entitled to specific performance of the original sentencing promise ( see People v. Schultz, 73 N.Y.2d 757, 758, 536 N.Y.S.2d 46, 532 N.E.2d 1274; People v. Barahona, 51 A.D.3d 682, 855 N.Y.S.2d 908; People v. Rubendall, 4 A.D.3d at 19, 772 N.Y.S.2d 346).
Moreover, we decline the defendant's request to reduce the sentence imposed as a matter of discretion in the interest of justice ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.