Opinion
June 29, 1992
Appeal from the Supreme Court, Kings County (Marrus, J.).
Ordered that the judgments are affirmed.
The People, who have consented to an enlargement of the record on appeal to include medical reports, correctly assert that the defendant's discovery, after the imposition of sentence, that he is afflicted with the HIV virus, has no bearing on the validity of his guilty pleas. There is nothing in the record which suggests that the defendant's physical condition impaired his ability and mental competence to enter into the negotiated plea agreement, nor did the lack of knowledge of his illness at that time have any legal impact upon the propriety and validity of the plea agreement (see, People v. Perez, 181 A.D.2d 922; People v. Burgess, 178 A.D.2d 486; cf., People v Camacho, 102 A.D.2d 728).
Equally unavailing is the defendant's contention that the negotiated sentences are unduly harsh and excessive. It is well settled that affliction with the HIV virus or with Acquired Immune Deficiency Syndrome, is not, in and of itself, a ground for reducing an otherwise appropriate sentence (see, People v Perez, supra; People v. Burgess, supra; People v. Bonaventura, 168 A.D.2d 626, 627; People v. Holley, 162 A.D.2d 469, 470; People v Chrzanowski, 147 A.D.2d 652, 653). Moreover, in view of the defendant's criminal history, we discern no basis for disturbing the sentences imposed (see, People v. Suitte, 90 A.D.2d 80). Harwood, J.P., Balletta, Rosenblatt and Santucci, JJ., concur.