Opinion
June 9, 1995
Appeal from the Onondaga County Court, Mulroy, J.
Present — Green, J.P., Lawton, Callahan, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The sentencing court did not err in imposing an enhanced sentence based upon defendant's failure to appear on the original sentencing date. The court "retains discretion in fixing an appropriate sentence up until the time of the sentencing" (People v. Schultz, 73 N.Y.2d 757, 758) and may impose an enhanced sentence for a reason not stated in the original plea agreement provided that it affords defendant the opportunity to withdraw his plea (see, People v. Schultz, supra, at 758; People v. Rosenberg, 148 A.D.2d 346, 347). The court twice offered defendant the opportunity to withdraw his plea, informing defendant of the sentence it intended to impose and the consequences of withdrawing the plea. Defendant declined to withdraw the plea, thereby "accepting the proper sentence" (People v. D'Avolio, 176 A.D.2d 1245, 1246, lv denied 79 N.Y.2d 855). The sentence is not unduly harsh or severe.