Opinion
September 29, 1998
Appeal from the Supreme Court, New York County (George Roberts, J., at plea; Charles Solomon, J., at sentence).
The sentencing court properly imposed an enhanced sentence and refused to allow defendant to withdraw his plea of guilty. The record supports the court's finding that defendant had intentionally misrepresented himself to be a first felony offender ( see, People v. Smith, 223 A.D.2d 465, lv denied 88 N.Y.2d 854), and violated the conditions of the unambiguous plea agreement. We perceive no abuse of sentencing discretion.
Concur — Milonas, J. P., Rosenberger, Ellerin, Wallach and Williams, JJ.