People v. Aitken

Appeal by the defendant from a judgment of the County Court, Orange County (Patsalos, J.), rendered July 30, 1984, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

As a general rule, "a guilty plea induced by an unfulfilled promise either must be vacated or the promise honored” (People v Selikoff, 35 NY2d 227, 241, cert denied 419 US 1122; see, People v Torres, 45 NY2d 751, 753; People v Burton, 133 AD2d 276, 277; People v Declemente, 108 AD2d 868). However, *460this principle is not applicable where the…