Opinion
May 22, 1995
Appeal from the Supreme Court, Kings County (DeLury, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court did not sentence the defendant to interim probation (see, People v Avery, 85 N.Y.2d 503). Moreover, because the court expressly advised the defendant that it would impose the maximum sentence if he failed to complete a program with the Court Employment Project, the court was not bound by its original sentencing promise when the defendant failed to complete the program. The court was not required to permit the defendant to withdraw his guilty plea prior to imposing an enhanced sentence (see, People v Montrevil, 176 A.D.2d 274; People v Caridi, 148 A.D.2d 625). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.