PEOPLE v. HARRIS

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39). Defendant failed to preserve for our review his contention that the prosecutor did not adhere to an agreed upon sentencing recommendation ( see generally People v. Oakes, 252 A.D.2d 661, 662). In any event, that contention is without merit because the prosecutor did not make any commitment regarding what he would recommend to County Court as an appropriate sentence ( cf. People v. Hoeltzel, 290 A.D.2d 587, 588). The sentence is neither unduly harsh nor severe.