Opinion
February 4, 1993
Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).
Without background facts that might have been developed had defendant made a motion pursuant to CPL 440.10, we cannot conclude upon the present state of the record that defendant's counsel was ineffective (People v Love, 57 N.Y.2d 998, 1000). There is no merit to defendant's contention that the court did not have a current presentence report at the time the sentence was actually imposed. Nor is the sentence excessive. Having received the benefit of his bargain, defendant should be bound by its terms (People v Capasso, 171 A.D.2d 448).
Concur — Milonas, J.P., Ross, Asch and Rubin, JJ.