People v. Clarence J.

OPINION OF THE COURT

Joseph S. Silverman, J.

The People move this court for an order to vacate defendant’s plea made pursuant to a written cooperation agreement on the ground that defendant did not comply with the agreement. Defendant opposes the motion requesting the agreement be enforced. The question before this court is whether it is within *274the People’s discretion to determine if the defendant has complied with the cooperation agreement and then based upon their determination this court must vacate defendant’s guilty plea.

On June 6, 1996, Clarence J., Herbert D., Gary D., and Darrin D. were…