People v. Capuano

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered February 18, 1998, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The County Court did not improvidently exercise its discretion in denying the defendant’s application to withdraw his plea of guilty before imposing a higher sentence than that originally negotiated in the plea agreement. The record indicates that the promised sentence was conditioned upon the defendant not being the subject of any new…