Opinion
June 20, 1988
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the sentence is affirmed.
The record reveals that the defendant pleaded guilty with the understanding that the sentencing court was not bound by any recommendations of the People with respect to sentencing and that, furthermore, the People would be the sole judge of whether the defendant's cooperation warranted a favorable sentencing recommendation. In the absence of bad faith, the People's decision whether to recommend a favorable sentence in exchange for a defendant's cooperation is unreviewable (see, People v Howard, 115 A.D.2d 621, lv denied 67 N.Y.2d 762). The record in the instant case bears no indication of any bad faith on the part of the People in failing to make a favorable sentencing recommendation. Accordingly, the defendant's claim is without merit.
The sentence imposed upon the defendant was not unduly harsh or excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Bracken, Brown and Weinstein, JJ., concur.