Opinion
June 5, 1992
Appeal from the Cayuga County Court, Corning, J.
Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.
Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: The circumstances of defendant's failure to appear at sentencing constituted a waiver of his right to be present, and the court properly sentenced him in absentia (see, People v. Robinson, 181 A.D.2d 983; cf., People v. Rice, 156 A.D.2d 925, lv denied 75 N.Y.2d 923). Defendant was warned when sentencing was adjourned that the court would not be bound by the one to three year promised sentence if he did not appear on the adjourned date, and he was further advised that the maximum term of imprisonment is four years. The court did not err, therefore, in imposing the maximum sentence (see, People v. Riverside, 168 A.D.2d 647, lv denied 77 N.Y.2d 966; see also, People v. Thompson, 174 A.D.2d 1007, lv denied 78 N.Y.2d 1082). The fine imposed by the court must be vacated, however, because defendant was not told that he would also be fined if he failed to appear (see, People v. Rosenberg, 148 A.D.2d 346). The claimed improprieties concerning the presentence report have not been preserved for our review (see, People v. Walworth, 167 A.D.2d 622; People v Morton, 142 A.D.2d 763).