People v. Worth

Judgment, Supreme Court, New York County (George Roberts, J., at plea and sentence), rendered December 5, 1989, which convicted defendant, upon his guilty plea, of grand larceny in the third degree and sentenced *428him to a term of imprisonment of from 1 to 3 years, unanimously affirmed.

Defendant’s claim that the prosecutor breached the plea bargain by making a sentence recommendation was not preserved and, in any event, is without merit, since defendant did not fulfill his part of the bargain by making restitution of the $100,000 he had stolen. Nor was the sentence excessive. Larceny in the…