People v. Rhodes

Appeal from a judgment of the Supreme Court (Harris, J.), rendered June 21, 1990 in Rensselaer County, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

Defendant claims that when he first appeared for the pur*937pose of pleading guilty to the crime of burglary in the second degree, with a promised prison sentence of 3 to 6 years, the trial court improperly withdrew its consent to the plea and defendant is therefore now entitled to specific performance of the agreement. However, this principle does not apply in this case insofar as defendant…