Opinion
April 15, 1991
Appeal from the County Court, Suffolk County (Mazzei, J.).
Ordered that the judgments are affirmed.
The defendant contends that the County Court erred by not affording him an opportunity to withdraw his pleas of guilty before imposing sentences higher than those originally negotiated in the plea agreement. Although that is the usual rule (see, Santobello v. New York, 404 U.S. 257), it does not apply in the instant case. Taken as a whole, the record indicates the clear intent of the court to condition the promised sentences upon the defendant's appearance on the date scheduled for sentencing. Because defendant failed to appear on the scheduled date, the court was no longer bound by its promise and was free to impose higher sentences (see, People v. Parker, 172 A.D.2d 697 [decided herewith]; People v. Gamble, 111 A.D.2d 869; People v. McDaniels, 111 A.D.2d 876). Thompson, J.P., Kunzeman, Eiber, Rosenblatt and Ritter, JJ., concur.