Opinion
Decided September 3, 2009.
APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of that Court, entered March 20, 2009. The Appellate Division affirmed a resentence of the Oswego County Court (Walter W. Hafner, Jr., J.), imposed following defendant's conviction, upon his plea of guilty, of burglary in the third degree. The County Court had resentenced defendant to an indeterminate term of incarceration of 3 to 6 years and restitution.
People v Maliszewski, 60 AD3d 1435, affirmed.
Davison Law Office, Canandaigua ( Mary P. Davison of counsel), for appellant.
Donald H. Dodd, District Attorney, Oswego ( Michael G. Cianfarano of counsel), for respondent.
Before: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
OPINION OF THE COURT
The order of the Appellate Division should be affirmed. Defendant pleaded guilty to burglary and was sentenced pursuant to a plea agreement the Appellate Division found in a prior order to be illegal. He was offered the chance to withdraw his plea by the sentencing court, and chose not to do so. The sentencing court was not required to offer defendant the option of a lesser sentence, where plea withdrawal can put the defendant in the position he was in prior to admitting guilt ( compare People v Selikoff, 35 NY2d 227, with People v McConnell, 49 NY2d 340).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed in a memorandum.