Opinion
September 29, 1995
Appeal from the Oneida County Court, Cunningham, J.
Present — Lawton, J.P., Fallon, Callahan, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: County Court's sentence commitment to defendant was subject to the condition that defendant return to court for sentencing. Because defendant failed to appear for sentencing, the court was not bound by the commitment and was free to impose a greater sentence without giving defendant an opportunity to withdraw his plea (see, People v Shannon, 175 A.D.2d 614, 614-615; People v Thompson, 174 A.D.2d 1007, lv denied 78 N.Y.2d 1082).
Defendant's contention that the sentence is harsh and excessive is without merit.