Opinion
December 30, 1988
Appeal from the County Court, Rockland County (Edelstein, J.).
Ordered that the judgment is affirmed.
We find that the defendant was properly sentenced in accordance with the plea agreement. The defendant is not entitled to the imposition of a lesser sentence because he did not fulfill his part of the agreement which would have entitled him to such a sentence. The defendant's efforts toward fulfilling his part of the agreement were not such as to place him in a position of "no-return" (see, People v McConnell, 49 N.Y.2d 340, 345). Furthermore, we find that the sentence imposed was appropriate under the circumstances and not an improvident exercise of discretion (see, People v Suitte, 90 A.D.2d 80). Mangano, J.P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.