Opinion
04-29-2016
The PEOPLE of the State of New York, Respondent, v. Richard D. CASTERLINE, III, Defendant–Appellant.
David P. Elkovitch, Auburn, for Defendant–Appellant. Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of Counsel), for Respondent.
Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered November 5, 2014. The judgment convicted defendant, upon his plea of guilty, of unlawful manufacture of methamphetamine in the first degree and criminal possession of a controlled substance in the third degree.
David P. Elkovitch, Auburn, for Defendant–Appellant.
Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of Counsel), for Respondent.
MEMORANDUM: Defendant appeals from a judgment convicting him upon his guilty plea of unlawful manufacture of methamphetamine in the first degree (Penal Law § 220.75 ) and criminal possession of a controlled substance in the third degree (§ 220.16[7] ). We reject defendant's contention that he is entitled to specific performance of the original plea agreement inasmuch as he rejected that plea agreement (see People v. Anderson, 270 A.D.2d 509, 510–511, 704 N.Y.S.2d 324, lv. denied 95 N.Y.2d 792, 711 N.Y.S.2d 160, 733 N.E.2d 232 ; People v. Johnson, 181 A.D.2d 832, 832, 581 N.Y.S.2d 388, lv. denied 80 N.Y.2d 833, 587 N.Y.S.2d 917, 600 N.E.2d 644 ; see generally People v. McConnell, 49 N.Y.2d 340, 348–349, 425 N.Y.S.2d 794, 402 N.E.2d 133 ; People v. Smith, 93 A.D.3d 1239, 1239, 939 N.Y.S.2d 899 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., PERADOTTO, CARNI, CURRAN, and TROUTMAN, JJ., concur.