Opinion
February 16, 2000
Appeal from Judgment of Ontario County Court, Lamont, J. — Robbery, 1st Degree.
PRESENT: PINE, J. P., HAYES, PIGOTT, JR., AND BALIO, JJ.
Judgment unanimously affirmed.
Memorandum:
We reject the contention of defendant that he is entitled to specific performance of the alleged plea agreement. An off-the-record promise made in the course of the plea bargaining process is generally not entitled to judicial recognition ( see, People v. Danny G., 61 N.Y.2d 169, 173-174; People v. Reyes, 167 A.D.2d 920, 921, lv denied 77 N.Y.2d 842). 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 ( see, People v. Salvagni, 199 A.D.2d 680; see also, People v. Hoang, 198 A.D.2d 896, 897, lv denied 83 N.Y.2d 859). The sentence is neither unduly harsh nor severe.