Opinion
January 6, 1998
Appeal from the Supreme Court, Bronx County (John Byrne, J., at plea; Gerald Sheindlin, J., at sentence).
Defendant's challenges to his enhanced sentence are unpreserved and, in any event, without merit. The court properly imposed a sentence greater than that originally promised since defendant violated the conditions of the plea agreement ( see, People v. Berdecia, 223 A.D.2d 444, lv denied 88 N.Y.2d 1019; People v. Dremeguila, 166 A.D.2d 196, lv denied 76 N.Y.2d 1020). Furthermore, the sentencing court was entitled to enhance defendant's sentence without first giving him an opportunity to withdraw his plea ( see, People v. Murello, 39 N.Y.2d 879). We do not perceive the enhancement of the sentence to be an abuse of discretion or the sentence itself to be unduly harsh.
Concur — Milonas, J.P., Mazzarelli, Andrias and Colabella, JJ.