Opinion
January 31, 1992
Appeal from the Supreme Court, Monroe County, Bergin, J.
Present — Denman, P.J., Callahan, Green, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the trial court erred in denying his motion to withdraw his guilty plea. Defendant had been promised a definite sentence, conditioned upon his surrender to the Sheriff on March 1, 1990. Defendant did not surrender but fled to Alabama, where he was arrested in September 1990. In those circumstances, the court was not bound to impose the promised sentence and properly imposed a greater sentence without allowing defendant to withdraw his plea (see, People v. Shannon, 175 A.D.2d 614; People v. Brooks, 154 A.D.2d 931; see also, People v Murello, 39 N.Y.2d 879; People v. Dodson, 114 A.D.2d 421; People v McDaniels, 111 A.D.2d 876).
We have examined defendant's other contention and find it to be without merit.