People v. Jasiewicz

—Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered July 20, 1992, convicting defendant upon his plea of guilty of the crime of criminal mischief in the third degree.

Defendant was sentenced to a term of imprisonment of 1 to 3 years and was ordered to pay restitution. On appeal defendant contends that the People reneged on their commitment to follow the recommendation of the Probation Department as to sentence and that County Court abused its discretion in sentencing defendant to a prison term rather than probation.

The Probation Department recommended six…