PEOPLE v. HANNIG (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Respondent, v. Michael HANNIG, Appellant. (Appeal No. 1.)

Decided: February 10, 1999

Present: DENMAN, P.J., GREEN, HAYES, WISNER and CALLAHAN, JJ.

James Leone, Auburn, for Appellant. James B. Vargason, Auburn, for Respondent.

We reject the contention of defendant that, because he did not receive the same sentence as his codefendants, his sentence is unduly harsh or severe. Unlike his codefendants, defendant is a second felony offender with a lengthy criminal history. Contrary to defendant's contention, the prosecution complied with the plea agreement by recommending to County Court that defendant serve concurrent sentences for the two convictions. At the time of the plea, however, the court made no promises concerning sentencing (see, People v. Medina, 177 A.D.2d 733, 576 N.Y.S.2d 52; People v. Shock, 152 A.D.2d 821, 822, 544 N.Y.S.2d 32, lv. denied 74 N.Y.2d 852, 546 N.Y.S.2d 1017, 546 N.E.2d 200), and the court was not bound by the sentencing recommendation of the prosecution (see, People v. Marks, 176 A.D.2d 636, 637, 575 N.Y.S.2d 289).

Judgment unanimously affirmed.

MEMORANDUM:

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