Opinion
April 29, 1996
Appeal from the Supreme Court, Kings County (Juviler, J.).
Ordered that the judgments are affirmed.
The defendant contends that he is entitled to specific performance of a plea agreement that the aggregate sentence imposed under both indictments would be no less than 10 to 20 years but no more than 14 to 28 years. The record of the plea allocution, however, does not establish that the defendant was promised that the aggregate sentence would be capped at 14 to 28 years. The defendant was promised a sentence of 10 to 20 years if he cooperated with the prosecution, and he was specifically advised by the court that it could impose a sentence of "much, much more" if he failed to cooperate. Following a hearing, the court determined that the defendant failed to cooperate with the prosecution and imposed an aggregate sentence of 15 to 30 years. We conclude that the court properly exercised its discretion in imposing sentence and that the defendant's contention that he is entitled to specific performance of the alleged plea agreement is without merit.
We have reviewed the defendant's remaining contention and find it to be without merit. O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.