PEOPLE v. BAKER

ORDERED that the sentence is affirmed.

The defendant was properly sentenced as a persistent violent felony offender (see, Penal Law § 70.08). He was offered a substantially lesser sentence as part of a proposed plea agreement. However, that proposed plea agreement did not take into account the defendant's status as a second violent felony offender. Accordingly, the fact that the sentence imposed was greater than the sentence considered as part of the proposed plea agreement does not implicate the defendant's Federal or State constitutional rights (see, People v. Rosen, 96 N.Y.2d 329).

SANTUCCI, J.P., GOLDSTEIN, TOWNES and COZIER, JJ., concur.