Opinion
September 29, 1994
Appeal from the Supreme Court, New York County, Ira Beal, J., Rena Uviller, J.
The record does not support defendant's claims that he was not properly arraigned as a second violent felony offender in accordance with CPL 400.15, and that the court, in imposing sentence pursuant to the negotiated plea, did not consider the probation report or otherwise exercise independent discretion. Having received the benefit of his bargain, which was substantial, defendant should be bound by its terms (People v Capasso, 171 A.D.2d 448).
Concur — Murphy, P.J., Rosenberger, Wallach, Ross and Rubin, JJ.