Opinion
March 11, 1985
Appeal from the County Court, Nassau County (Harrington, J.).
Sentence affirmed.
Our review of the record indicates that the prosecutor's statements at sentencing did not prejudice the defendant with respect to the sentence imposed. The sentence, an indeterminate term of five years to life imprisonment, was what the District Attorney agreed to recommend. In addition, the sentence imposed was less than the maximum (Penal Law § 70.00, [2] [a]; [3] [a] [ii]) and under the facts of this case, there is no basis for this court to exercise its discretion by reducing the sentence ( People v. Suitte, 90 A.D.2d 80). Titone, J.P., Thompson, O'Connor and Rubin, JJ., concur.