Ordered that the judgment is affirmed.
As part of the plea agreement, the defendant was promised a sentence of 5 years to life imprisonment. However, at defense counsel's suggestion, both the court and the prosecution agreed that if the defendant was able to repay the $3,600 that he had obtained from the police in connection with the charged drug sales he would receive a lesser sentence of 4 years to life imprisonment. Since the defendant was unable to produce the $3,600, the court imposed the promised sentence of 5 years to life imprisonment.
We reject the defendant's contention that his sentence is excessive or that the court unconstitutionally imposed a greater sentence because the defendant is indigent (see generally, Bearden v. Georgia, 461 U.S. 660; Tate v. Short, 401 U.S. 395). Rather, the record clearly reflects that the defendant simply received the bargained-for sentence and that he was unable to take advantage of an opportunity to lessen his sentence. That being the case, he has no basis to complain about the sentence that was imposed (see, People v. Kazepis, 101 A.D.2d 816). Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.