Opinion
October 27, 1997
Appeal from County Court, Dutchess County (Marlow, J.)
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the court did not err in failing to afford him the opportunity to withdraw his plea before imposing sentence. When the defendant fails to comply with a condition of his or her plea agreement, the court is not bound by its original sentencing promise and may unilaterally impose an enhanced sentence ( see, People v. Thorpe, 189 A.D.2d 903; People v. Gamble, 111 A.D.2d 869).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without merit.
Mangano, P.J., Copertino, JOY, Florio and Luciano, JJ., concur.