Opinion
11-15-2016
The PEOPLE of the State of New York, Respondent, v. Norman MONCRIEFFE, Defendant–Appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Alejandro B. Fernandez of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Shera Knight of counsel), for respondent.
Richard M. Greenberg, Office of the Appellate Defender, New York (Alejandro B. Fernandez of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Shera Knight of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered December 11, 2013, convicting defendant, upon his plea of guilty, of promoting prostitution in the second degree, and sentencing him to a term of three to nine years, unanimously affirmed.
Although we do not find that defendant made a valid waiver of his right to appeal (see People v. Santiago, 119 A.D.3d 484, 990 N.Y.S.2d 494 [1st Dept.2014], lv. denied 24 N.Y.3d 964, 996 N.Y.S.2d 223, 20 N.E.3d 1003 [2013] ), we perceive no basis for reducing the sentence. Defendant claims that the court erroneously promised to recommend shock incarceration (Penal Law § 60.04[7] ), where defendant was ineligible for that program. However, defendant does not seek to vacate his plea as induced by an invalid promise, but only seeks a sentence reduction, and we decline to grant that remedy. In any event, the court repeatedly emphasized to defendant that it would only recommend shock incarceration, but that it was up to the Department of Correction to decide whether to accept that recommendation.
MAZZARELLI, J.P., ANDRIAS, SAXE, FEINMAN, GISCHE, JJ., concur.