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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMILIO MORALES, Appellant.

Although, prior to defendant's entry of his guilty plea, the court promised defendant that his instant sentence of 10 to 20 years would be served concurrently with the 12 1/2 to 25 year sentence he was already serving, and the earlier sentence was subsequently reduced on appeal to 7 1/2 to 15 years, defendant is not entitled to a reduction of the instant sentence or vacatur of the plea. Measured by an objective reading of the bargain, the court kept its sentence promise notwithstanding defendant's subjective interpretation of the bargain, under which he claims he was "implicity" promised no additional punishment beyond the earlier sentence ( see, People v. Cataldo, 39 N.Y.2d 578). Since the plea bargain here is susceptible of only one interpretation, we conclude that the court properly denied defendant's motion without a hearing ( supra).

Concur — Lerner, P. J., Sullivan, Rosenberger, Nardelli and Andrias, JJ.

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PEOPLE v. MORALES
(Mar 19, 1998)