Opinion
August 27, 1990
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment is affirmed.
The defendant's plea agreement was explicitly conditioned, among other things, upon his remaining at a drug rehabilitation facility for 30 days prior to sentencing. The defendant breached the agreement by absconding from the facility. Under these circumstances, it was entirely proper for the court to sentence the defendant to a term of imprisonment in excess of that originally promised (see, People v Erazo, 155 A.D.2d 477; People v Betheny, 147 A.D.2d 488; People v Asencio, 143 A.D.2d 917). Moreover, the sentence imposed was far less than the sentence the court had previously stated it would impose in the event the defendant failed to live up to the conditions of the agreement. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.