Opinion
February 7, 1994
Appeal from the County Court, Westchester County (Scarpino, J.).
Ordered that the judgment is affirmed.
The defendant contends that the County Court erred by not affording her an opportunity to withdraw her plea of guilty before imposing a harsher sentence than that originally negotiated in the plea agreement. We disagree.
The court clearly conditioned the promised sentence on the defendant's appearance on the date scheduled for sentencing. Because the defendant failed to appear on the scheduled date, the court was no longer bound by its promise and was free to impose a harsher sentence (see, People v. Gamble, 111 A.D.2d 869).
We further conclude that the enhanced sentence of 1 1/2 to 4 1/2 years imprisonment which the court imposed was not excessive under the circumstances (see, People v. Suitte, 90 A.D.2d 80).
We have reviewed the defendant's remaining contentions and conclude that they are without merit. Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.