| People v Alvarado |
| 2016 NY Slip Op 04065 [139 AD3d 1077] |
| May 25, 2016 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Jimmy Alvarado, Appellant. |
Anthony M. Giordano, Ossining, NY, for appellant.
James A. McCarty, Acting District Attorney, White Plains, NY (Virginia A. Marciano and Laurie Sapakoff of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Zuckerman, J.), rendered February 20, 2014, convicting him of criminal mischief in the second degree and unauthorized use of a motor vehicle in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, his plea of guilty was not made in exchange
for a promised sentence of an indeterminate term of 2 to 4 years of imprisonment. The
record is clear that he did not accept that offer and, therefore, there was no enforceable
plea agreement with those terms at the time of sentencing (see People v Guzman, 28
AD3d 396, 397 [2006]). Furthermore, the record establishes that nearly four months
after the initial offer, the defendant entered a plea of guilty pursuant to a subsequent plea
agreement. The court asked him multiple times on the record before the allocution
whether it was his intent and understanding that he was pleading guilty in exchange for a
promised sentence of 2