People v. Gemboys

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: On appeal from a judgment convicting him after a jury trial of felony driving while intoxicated under counts one and four of the indictment (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]) and other Vehicle and Traffic Law violations, defendant contends that County Court erred in refusing to adhere to a sentence promise made as part of a plea bargain and instead permitting him to withdraw the plea. “[T]here is no constitutional right to plea bargain” (Weatherford v Bursey,…