Ordered that the judgment is affirmed.

We find that the defendant was properly sentenced in accordance with the plea agreement. The defendant was arrested and indicted for murder after the entry of his plea of guilty in this case but before the scheduled sentencing date. He failed to appear for the scheduled sentencing because he was incarcerated on the new charges. He thereby violated the express conditions of the plea agreement that he stay out of trouble while at liberty pending the sentencing and that he appear at sentencing. Therefore, the court properly imposed an enhanced sentence (see, People v Selikoff, 35 N.Y.2d 227, 236; People v Sharlow, 116 A.D.2d 603; People v McDaniels, 111 A.D.2d 876, 877).

We further find that under the circumstances, the sentence imposed was not excessive. Thompson, J.P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.