Opinion
KA 02-02331.
December 31, 2003.
Appeal from a judgment of Cayuga County Court (Corning, J.), entered April 22, 1999, convicting defendant upon his plea of guilty of burglary in the second degree and escape in the first degree.
CYNTHIA B. BRENNAN, AUBURN, FOR DEFENDANT-APPELLANT.
JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (SAMUEL J. FINNESSEY, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: We reject the contention of defendant that he is entitled to specific performance of the alleged plea agreement based on County Court's failure to abide by the terms of that agreement. "The promise that defendant contends was made does not appear in the record, and defendant agreed at the time of his guilty plea that no sentencing promise had been made" ( People v. Gramling, 269 A.D.2d 825, 825, lv denied 94 N.Y.2d 948; see People v. Salvagni, 199 A.D.2d 680). The sentence is not unduly harsh or severe.