Opinion
October 6, 1989
Appeal from the Monroe County Court, Marks, J.
Present — Dillon, P.J., Callahan, Boomer, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to defendant's claim that the sentencing court erred in failing to honor its sentence agreement. Where, as here, the court expressly makes its commitment to impose a particular sentence subject to certain conditions and defendant violates one of the conditions, the court is no longer bound to the agreement and may impose a greater sentence without offering defendant an opportunity to withdraw his plea (see, People v Murello, 39 N.Y.2d 879; People v Dodson, 114 A.D.2d 421, 422; People v McDaniels, 111 A.D.2d 876, 877). In any event, defendant never moved to withdraw his guilty plea and thus has failed to preserve this issue for appellate review (see, People v Lopez, 71 N.Y.2d 662). Defendant's remaining claims are likewise without merit.