Opinion
June 20, 1989
Appeal from the Supreme Court, New York County (Rose Rubin, J.).
The record indicates that in exchange for his plea the defendant was promised a prison sentence of from 2 to 6 years. It was, however, part of the bargain that the defendant would surrender promptly at the appointed time, and that if he failed to do so he would be sentenced to a maximum term of 15 years. When defendant did not surrender as directed, he was sentenced to a term of 8 1/3 to 25 years. As the sentence imposed did not conform to the terms of the plea bargain, we modify to reduce the sentence in accordance with the promise made to the defendant in exchange for his plea.
Concur — Murphy, P.J., Milonas, Kassal, Rosenberger and Smith, JJ.