PEOPLE v. ANONYMOUS

Defendant's motion to withdraw his plea was properly denied. The alleged post-plea promise by law enforcement officials that, in return for his continued cooperation, defendant would be permitted to withdraw his plea and to replead to a lesser charge is not entitled to judicial recognition since it was never placed on the record or approved by the court (see, People v. Huertas, 85 N.Y.2d 898; People v. Curdgel, 83 N.Y.2d 862; People v. Hill, 254 A.D.2d 726, lv denied 92 N.Y.2d 1050). Moreover, defendant received the lower end of the sentence range that had been promised to him, conditioned on his cooperation, and the purported post-plea promise of even further leniency could not have affected the voluntariness of the plea (People v. Muncey, 214 A.D.2d 432, lv denied 86 N.Y.2d 783). We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.