Opinion
October 26, 1992
Appeal from the County Court, Suffolk County (Mazzei, J.).
Ordered that the judgment is affirmed.
We disagree with the defendant's contention that the court improvidently exercised its discretion in denying his motion to withdraw his plea upon his return on a bench warrant. The defendant was expressly informed, at the time of his plea of guilty, that should he fail to appear, he could receive the maximum sentence. Because the defendant failed to appear on his scheduled sentencing date, the court was not bound by its original sentencing promise and was free to impose an enhanced sentence (see, People v Moore, 176 A.D.2d 968; People v McNeill, 164 A.D.2d 951; People v Erazo, 155 A.D.2d 477).
Nor does the fact that the defendant is positive for the human immuno deficiency virus (HIV) warrant the reduction of his sentence (see, People v Bonaventura, 168 A.D.2d 626; People v Chrzanowski, 147 A.D.2d 652; People v Ford, 143 A.D.2d 841), particularly since the court took the defendant's medical condition into account in making the original sentencing promise. We therefore reject the defendant's further contention that the sentence imposed, which was less than the maximum, was harsh or excessive. Thompson, J.P., Harwood, Balletta, Rosenblatt and Eiber, JJ., concur.