Opinion
December 1, 1986
Appeal from the Supreme Court, Queens County (Zelman, J.).
Ordered that the judgment is affirmed.
The evidence in this case was sufficient to show that the defendant intended to cause his wife's death and not merely to inflict serious physical injury (see, People v. Bracey, 41 N.Y.2d 296; People v. Frawley, 117 A.D.2d 613).
The defendant's contention that he is entitled to specific performance of a plea offer allegedly made by the District Attorney is without merit since there is no indication in the record that any agreement was ever reached and none of the plea discussions took place on the record (see, People v. Hood, 62 N.Y.2d 863; Matter of Benjamin S., 55 N.Y.2d 116, rearg denied 56 N.Y.2d 570).
The defendant's argument with respect to the prosecutor's summation is unpreserved (see, CPL 470.05; People v Medina, 53 N.Y.2d 951) and, in any event, is meritless. Thompson, J.P., Bracken, Rubin and Spatt, JJ., concur.