Catalano

A consolidated information charged defendant with grand theft, two counts of robbery and one count of attempted robbery, and alleged a prior felony conviction (robbery). Defendant withdrew his plea of not guilty to robbery (count IV) and pleaded guilty thereto. The allegations of the prior felony and of being armed at the time of the commission of *86 the offense were stricken; the court found the robbery to be second degree; the remaining three counts of the information were dismissed. Defendant appeals from judgment of conviction. He raises two issues—whether his plea of guilty was induced by unkept promises of the court and prosecutor, and whether there was a voluntary and intelligent waiver of his rights to a jury trial, confrontation of witnesses and protection against self-incrimination.

As to the plea of guilty, (1) all promises were complied with, (2) referral to Department 95 was not a major inducement because defendant knew that his criminal background would probably cause his exclusion from CRC and (3) defendant ultimately waived the promise of referral to Department 95. As an obvious result of prior dealings between defense counsel and the prosecutor and…