is in the discretion of the sentencing court. Id. Refusal on the part of defendant to withdraw the plea and proceed to trial does not entitle him or her to specific performance of the original plea agreement. Tesiero, 584 N.Y.S.2d at 228 (affirming judgment of lower court denying defendant specific performance of original plea deal); see also Walker, 591 N.Y.S.2d at 77 (finding defendant’s refusal to withdraw plea did not entitle him to specific performance of the original plea deal, and holding lower court appropriately gave defendant option to either withdraw plea or accept a one-year jail sentence after it indicated it was no longer willing to impose negotiated sentence in light of its review of presentence probation report and victim impact statement); Pittman, 514 N.Y.S.2d at 88 (<HOLDING>); cf. People v. Jenkins, 11 N.Y.3d 282, 869
holding that if a plea agreement is breached the district court may either grant specific performance or allow the defendant to withdraw the plea holding that a defendant who is allowed to withdraw his plea must either withdraw his plea to all charges or to none when his plea to all charges was part of an agreement with the state holding specific performance of plea agreement proper remedy where defendant testified against all of his coconspirators and where court later unilaterally breached original plea agreement by imposing a ninety day term of incarceration in addition to sentence of probation that had been earlier agreed to without first providing1 defendant with opportunity to withdraw plea on the record holding that prosecution is generally entitled to specific performance or withdrawal of plea following defendants breach but because the government waived its right to withdrawal of plea only the possibility of specific performance remained holding defendants refusal to withdraw plea when afforded opportunity by sentencing court which had reviewed presentence report and found terms of plea deal inappropriate was not entitled to specific performance of original plea