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

The PEOPLE of the State of New York, Respondent, v. Anthony M. JONES, Defendant-Appellant.

Decided: November 13, 2009

PRESENT:  SCUDDER, P.J., CENTRA, FAHEY, GREEN, AND GORSKI, JJ. Schlather, Stumbar, Parks & Salk, Ithaca (David M. Parks of Counsel), for Defendant-Appellant. R. Michael Tantillo, District Attorney, Canandaigua, for Respondent.

Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1] ).   We reject the contention of defendant that he was entitled to specific performance of the original plea agreement.   The record establishes that “defendant did not perform any services for the prosecutor under the terms of the original plea agreement[,] and [that he] did not suffer any detriment in reliance upon [that] agreement[ ]” (People v. German, 153 A.D.2d 588, 588, 544 N.Y.S.2d 223, lv. denied 75 N.Y.2d 813, 552 N.Y.S.2d 563, 551 N.E.2d 1241;  cf. People v. McConnell, 49 N.Y.2d 340, 347, 425 N.Y.S.2d 794, 402 N.E.2d 133).   The sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.