Opinion
December 4, 1989
Appeal from the Supreme Court, Kings County (Slavin, J).
Ordered that the judgment is affirmed.
The court did not improvidently exercise its discretion in summarily denying the defendant's motion to withdraw his guilty plea, as the defendant was provided a reasonable opportunity to advance his claims and those claims were unsupported in the record (see, People v Frederick, 45 N.Y.2d 520; People v Tinsley, 35 N.Y.2d 926; People v Stubbs, 110 A.D.2d 725).
The defendant's contention that the court erred in accepting his plea because the factual allocution was insufficient is unpreserved for appellate review (see, People v Shukar, 135 A.D.2d 671) and, in any event, is not supported by the record.
Contrary to the defendant's contention, he was not entitled to an opportunity to withdraw his plea prior to the imposition of a sentence greater than the one bargained for (see, People v Annunziata, 105 A.D.2d 709). The promised sentence was conditioned upon the defendant's appearance on the date scheduled for sentence, and when the defendant failed to fulfill that condition the court was no longer bound by the promise and was free to impose a greater sentence (see, People v Warren, 121 A.D.2d 418; People v McDaniels, 111 A.D.2d 876; People v Gamble, 111 A.D.2d 869).
The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Bracken, Brown, Sullivan and Rosenblatt, JJ., concur.