People v Levels (Robert)

[*1] People v Levels (Robert) 2015 NY Slip Op 51544(U) Decided on October 27, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 27, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Ling-Cohan, JJ.
570430/13

The People of the State of New York, Respondent,

against

Robert Levels, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Erika M. Edwards, J. at plea; Steven M. Statsinger, J. at sentencing), rendered April 9, 2013, convicting him, upon a plea of guilty, of petit larceny, and imposing sentence.

Per Curiam.

Judgment of conviction (Erika M. Edwards, J. at plea; Steven M. Statsinger, J. at sentencing), rendered April 9, 2013, affirmed.

In view of defendant's failure to fulfill the conditions of the plea agreement requiring him to pay restitution and complete ten days of community service, the court properly revoked its promise to permit defendant to replead to disorderly conduct (see People v Figgins, 87 NY2d 840 [1995]; People v Roman, 264 AD2d 678 [1999], lv denied 94 NY2d 906 [2000]). Defendant was specifically warned during the plea allocution that if he failed to satisfy the conditions of the plea, he would not be permitted to replead to the lesser charge (see People v Buglione, 11 AD3d 297 [2004]).

Nor do we perceive any basis to modify defendant's negotiated sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 27, 2015