Opinion
June 25, 1992
Appeal from the Supreme Court, New York County (Rena Uviller, J.).
At the plea allocution, defendant admitted that he and two accomplices robbed a man at knife-point in Manhattan on October 26, 1989.
Under the circumstances, the sentence imposed by the trial court was not excessive. At the plea allocution, the trial court made clear, and defendant indicated his understanding, that if defendant were to be arrested again he would face a prison term. Only nine days after this plea agreement was reached, defendant was arrested in New Jersey for receiving stolen property. Violation of the conditional plea agreement justified the imposition of a greater sentence (see, People v. Fowler, 167 A.D.2d 154, 155, lv denied 77 N.Y.2d 838).
Concur — Carro, J.P., Ellerin, Kupferman and Asch, JJ.