People v. Machare — 264 A.D.2d 487

Majority

p. 487

The People of the State of New York, Respondent, v Rolando Machare, Appellant.

[695 NYS2d 112]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered May 9, 1996, convicting him of robbery in the first degree, robbery in the second degree, criminal possession of a weapon in the third degree (three counts) and criminal possession of stolen property in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Since the record does not support the defendant’s claim that he was willing to enter a plea to the entire indictment, the trial court properly declined to permit the plea in the absence of the prosecutor’s consent (see, CPL 220.10 [2], [4]).

The defendant’s sentence is not excessive (see, People v Pena, 50 NY2d 400 , cert denied 449 US 1087 ; People v Suitte, 90 AD2d 80 ). Mangano, P. J., O’Brien, Sullivan and Goldstein, JJ., concur.

Cases cited

People v. Pena 50 NY2d 400 N.Y. 1980-06-10 p. 487
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 487