Opinion
March 5, 1992
Appeal from the Supreme Court, New York County (Allen G. Alpert, J.).
The IAS court properly found, after a hearing, that defendant had knowingly and wilfully breached the plea agreement herein. Thus, defendant did not have a reasonable expectation of receiving the sentence promised in connection with the plea agreement (see, e.g., People v Rosenberg, 148 A.D.2d 346). In the absence of any application by defendant to withdraw his plea, the sentencing court was free, pursuant to the plea agreement, to impose a greater sentence (see, e.g., People v Ellis, 162 A.D.2d 701, lv denied 76 N.Y.2d 892).
Concur — Murphy, P.J., Sullivan, Ellerin, Ross and Kassal, JJ.