| People v Barahona |
| 2008 NY Slip Op 04362 [51 AD3d 682] |
| May 6, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Santos Barahona, Appellant. |
—[*1] Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.),rendered December 9, 2005, convicting him of attempted assault in the first degree, upon his pleaof guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the County Court's review of the presentence reportprovided a sufficient basis for the court to depart from the original sentencing promise (seePeople v Schultz, 73 NY2d 757 [1988]; People v Wood, 207 AD2d 1001 [1994];People v Richards, 158 AD2d 627 [1990]). Since the court placed its reasons fordeparting from the original promise on the record, and the defendant was given an opportunity towithdraw his plea, which he declined, he was not entitled to specific performance of the originalsentencing agreement (see People v Jones, 287 AD2d 741 [2001]). Rivera, J.P., Lifson,Miller, Carni and Eng, JJ., concur.