People v. Acosta

Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered March 8, 1991, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 Vx to 5 years, unanimously affirmed.

Although the court, in promising defendant a sentence of 2Vx to 5 years, stated that it would recommend to the Parole Board that the term run concurrently to any unserved time owed to the Parole Board, such recommendation was not binding on the Parole Board (see, People ex rel. Coleman v Smith, 75…