Opinion
February 18, 1992
Appeal from the Supreme Court, New York County (Herbert Altman, J.).
We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction" (People v Farrar, 52 N.Y.2d 302, 305), we perceive no abuse of discretion warranting a reduction in sentence. Furthermore, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. Defendant having breached his commitment to return for sentencing as scheduled, the court was no longer obligated to adhere to the sentence conditionally offered at plea (People v. Dremeguila, 166 A.D.2d 196).
The unpublished decision and order entered on December 24, 1991 is recalled and vacated.
Concur — Carro, J.P., Ellerin, Wallach, Ross and Rubin, JJ.