Opinion
March 14, 2000
Judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered November 12, 1999, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a juvenile offender, to a term of 1 to 3 years, unanimously affirmed.
Nisha M. Desai for respondent.
Jonathan Svetkey for defendant-appellant.
Nardelli, J.P., Williams, Tom, Lerner, Rubin, JJ.
The sentencing court properly exercised its discretion when it denied defendant's motion to withdraw his guilty plea. The record establishes that the plea bargain was based on the sentencing court's agreement to consider sentencing defendant as a youthful offender, not its promise to actually do so. Accordingly, defendant received all that he was entitled to when the court considered and rejected his request for youthful offender treatment (see, People v. Mosley, 88 A.D.2d 520, lv denied 58 N.Y.2d 694).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.