Opinion
August 22, 1994
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the sentence is affirmed.
The defendant's waiver of his right to appeal should not be enforced with respect to the enhanced sentence that the defendant received as a consequence of his failure to appear for sentencing following his plea of guilty (see, People v. Mojica, 197 A.D.2d 642; People v. Prescott, 196 A.D.2d 599). We find the sentence that was imposed is not unduly harsh or excessive under the circumstances of this case (see, People v. Delgado, 80 N.Y.2d 780; People v. Suitte, 90 A.D.2d 80. Mangano, P.J., Balletta, Ritter, Santucci and Goldstein, JJ., concur.