PEOPLE v. BELLILLI (2000)

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Kuffner, J., at trial;  Rooney, J., at sentencing), rendered February 27, 1997, convicting him of robbery in the first degree (six counts) and robbery in the second degree (three counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 Contrary to the defendant's contention, the fact that the sentence imposed after trial was greater than the sentence offered during plea negotiations is no indication that the defendant was punished for asserting his right to proceed to trial (see, People v. Lam, 226 A.D.2d 554, 555, 641 N.Y.S.2d 97;  People v. Goolsby, 213 A.D.2d 722, 624 N.Y.S.2d 955;  People v. Cosme, 203 A.D.2d 375, 610 N.Y.S.2d 293;  People v. Clarke, 195 A.D.2d 569, 570-571, 600 N.Y.S.2d 732).   It is to be anticipated that sentences imposed after trial may be more severe than those proposed in connection with a plea (see, People v. Pena, 50 N.Y.2d 400, 412, 429 N.Y.S.2d 410, 406 N.E.2d 1347, cert. denied 449 U.S. 1087, 101 S.Ct. 878, 66 L.Ed.2d 814;  People v. Velez, 222 A.D.2d 539, 541, 634 N.Y.S.2d 758;  People v. Street, 220 A.D.2d 704, 705, 632 N.Y.S.2d 666;  People v. Rosemond, 226 A.D.2d 404, 640 N.Y.S.2d 774;  People v. Patterson, 106 A.D.2d 520, 521, 483 N.Y.S.2d 55).

 Contrary to the defendant's contention, his current medical condition does not, by itself, warrant the reduction of an otherwise appropriate sentence (see, People v. King, 184 A.D.2d 782, 585 N.Y.S.2d 503;  People v. Bonaventura, 168 A.D.2d 626, 563 N.Y.S.2d 465;  People v. Chrzanowski, 147 A.D.2d 652, 538 N.Y.S.2d 55).   The defendant failed to establish that he would be unable to obtain proper medical treatment if incarcerated (see, People v. Clark, 176 A.D.2d 1206, 576 N.Y.S.2d 704).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.