Opinion
October 19, 2000.
Judgment, Supreme Court, New York County (Bruce Allen, J., at plea, Brenda Soloff, J., at sentence), rendered June 12, 1997, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Suzanne M. Herbert, for respondent.
Pamela Peters, for defendant-appellant.
Before: Tom, J.P., Mazzarelli, Lerner, Rubin, Friedman, JJ.
The court properly imposed a greater sentence than had been conditionally promised at the time of the plea, and properly denied defendant's motion to withdraw the plea, in light of defendant's violation of all the conditions of the plea agreement as well as his misrepresentations about his identity and status as a first felony offender (see, People v. Black, 253 A.D.2d 714; People v. Cruz, 237 A.D.2d 218, lv denied 89 N.Y.2d 1090; see also, People v. Murello, 39 N.Y.2d 879).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.