Opinion
October 2, 1995
Appeal from the Supreme Court, Kings County (Gerges, J.).
Ordered that the sentence is affirmed.
During the defendant's plea allocution, the court advised him that if he failed to appear on the date scheduled for sentencing, or if he was rearrested, he would face an enhanced sentence of up to two and one-third to seven years imprisonment. Since the defendant failed to comply with these conditions, the court was no longer bound by its original promise to impose a definite sentence of one year, and had the right to impose a greater sentence (see, People v. Bocceo, 213 A.D.2d 278; People v Wallace, 210 A.D.2d 359). Furthermore, because the promise of an increased sentence was part of the original plea agreement, the defendant has no cause to complain that the sentence imposed is excessive (see, People v. Wallace, supra; People v. Kazepis, 101 A.D.2d 816), and we decline to reduce it in the exercise of our interest of justice jurisdiction. Mangano, P.J., Sullivan, Balletta, Santucci and Krausman, JJ., concur.