Opinion
December 12, 1994
Appeal from the Supreme Court, Kings County (Feldman, J.).
Ordered that the sentence is affirmed.
There is absolutely no evidence in the record supporting the defendant's contention that he was impermissibly penalized for exercising his right to a trial (see, People v Pena, 50 N.Y.2d 400). It is firmly established that sentences imposed after a trial may be more severe than those offered in exchange for a guilty plea (see, People v Clarke, 195 A.D.2d 569, 571). Here, the record establishes that the court considered the sentencing principles appropriate to the individual case, and that vindictiveness and retaliation played no role in the term of incarceration that was imposed (see, People v Patterson, 106 A.D.2d 520, 521). Ritter, J.P., Santucci, Friedmann and Goldstein, JJ., concur.