Opinion
May 6, 1993
Appeal from the County Court of Broome County (Mathews, J.).
Defendant contends that the concurrent sentences of 1 1/2 to 3 years' imprisonment that he received were harsh and excessive and that County Court abused its discretion in failing to grant an adjournment to allow defendant to arrange for restitution.
We find no abuse of discretion in County Court's failure to grant defendant another adjournment beyond that allowed by the plea agreement given that defendant had himself suggested the amount of time needed for him to obtain restitution (see, People v Payne, 176 A.D.2d 827, lv denied 79 N.Y.2d 862; People v Valdez, 174 A.D.2d 376, lv denied 78 N.Y.2d 976). Nor do we find any basis to disturb the sentence imposed by County Court. As a part of the plea agreement, defendant agreed to the imposition of sentences consecutive to a sentence he was already serving if he was unable to obtain funds for restitution before sentencing. Upon his failure to meet that condition, County Court was free to impose sentence pursuant to the plea agreement (see, People v Boyd, 179 A.D.2d 815, lv denied 79 N.Y.2d 944). The fact that defendant has tested positive for the human immune deficiency virus (HIV) does not require a different result (see, People v King, 184 A.D.2d 782, lv denied 80 N.Y.2d 905; People v Brandow, 139 A.D.2d 819, lv denied 72 N.Y.2d 856).
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.