Opinion
September 9, 1985
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Resentence reversed, on the law, and case remitted to the Supreme Court, Suffolk County, for resentencing in the light of People v Farrar ( 52 N.Y.2d 302).
It is clear that the sentencing Judge did not exercise his discretion in resentencing the defendant but, rather, conformed to the terms set forth by the District Attorney as a condition for consenting to the acceptance of the plea. Thus, judicial discretion was never exercised ( see, People v Farrar, supra).
We further find that this is not a case where the District Attorney has the right to make application to withdraw his consent to the plea. Such consent was not a necessary condition to the acceptance of the plea under the applicable statute ( see, CPL 200.15, 220.10 Crim. Proc.). Mollen, P.J., Mangano, Thompson and Kunzeman, JJ., concur.