Opinion
2013-04-3
The PEOPLE, etc., respondent, v. Ronald HUBBARD, appellant.
Richard L. Herzfeld, New York, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), for respondent.
Richard L. Herzfeld, New York, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (J. Doyle, J.), rendered January 13, 2011, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the County Court erred in not affording him an opportunity to withdraw his plea before imposing an enhanced sentence that included both restitution and a prison sentence. However, when the defendant failed to comply with the condition of his plea agreement that he appear on the scheduled sentencing date, the court was no longer bound by the original plea agreement and had the right to impose a greater sentence ( see People v. Figgins, 87 N.Y.2d 840, 841, 637 N.Y.S.2d 684, 661 N.E.2d 156;People v. Marte, 85 A.D.3d 945, 946, 925 N.Y.S.2d 348;People v. White, 3 A.D.3d 543, 544, 770 N.Y.S.2d 630;People v. Delatorre, 306 A.D.2d 419, 420, 760 N.Y.S.2d 870). Thus, the court had the right to impose the enhanced sentence after the defendant absconded, without permitting him the option of withdrawing his plea ( see People v. Akhtar, 13 A.D.3d 383, 384, 786 N.Y.S.2d 549;People v. Brooks, 250 A.D.2d 774, 671 N.Y.S.2d 1007;People v. Brown, 244 A.D.2d 348, 349, 663 N.Y.S.2d 879).