Opinion
February 8, 1996
Appeal from the Supreme Court, New York County (Paul Bookson, J.).
We agree with defendant that the court should not have sentenced him, over his timely objection, to a term of 1 to 3 years, because defendant was not warned, at the time of his guilty plea, of the possibility of an enhanced sentence in the event that he absconded. However, on appeal defendant declines any remedy other than resentencing to time served. That would not be a lawful remedy, since it would relieve defendant from the probation supervision which was part of the original promised sentence. Accordingly, we affirm.
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Williams, JJ.