Opinion
December 10, 1990
Appeal from the County Court, Dutchess County (King, J.).
Ordered that the judgment is affirmed.
The defendant contends that because he was indigent and could not afford to enter an in-patient alcoholism rehabilitation program before sentencing, he was deprived of his constitutional right to equal protection when the court sentenced him to 14 weekends in jail.
The defendant's contention is without merit.
The minutes of the plea agreement make no mention of a promise that the defendant could discharge his debt to society by participating in an in-patient rehabilitation program, and this court may not recognize any off-the-record promises allegedly made to the defendant which are otherwise contradicted by the record (see, Matter of Benjamin S., 55 N.Y.2d 116, 120). The record indicates that the defendant received the sentence for which he bargained (see, People v. Lawton, 144 A.D.2d 584; People v. Kazepis, 101 A.D.2d 816).
In any event, as the defendant has already served his jail term, any issue concerning it is academic (see, People v. Owen, 89 A.D.2d 898; People v. Fields, 79 A.D.2d 991; People v. Charles Lee W., 77 A.D.2d 608). Thompson, J.P., Brown, Balletta, Miller and O'Brien, JJ., concur.