Opinion
January 10, 1991
Appeal from the County Court of Ulster County (Vogt, J.).
Although defendant had specifically been warned that the promised prison term of 1 to 3 years was contingent on his appearing for sentence and on his avoiding further trouble with the law, he failed to appear on the date of his scheduled sentence because he had been arrested and was in jail in another state on a later charge. Furthermore, two other charges were dropped as a result of his plea bargain. Under these circumstances, coupled with defendant's previous criminal record involving numerous offenses related to his drinking and driving, the prison sentence imposed of 1 1/3 to 4 years cannot be considered excessive even though it was the harshest sentence which defendant could have received (see, People v Thornton, 130 A.D.2d 78, lv denied 70 N.Y.2d 755; see also, People v Aia, 105 A.D.2d 592).
Judgment affirmed. Mahoney, P.J., Casey, Weiss, Yesawich, Jr., and Levine, JJ., concur.