Opinion
September 23, 1993
Appeal from the County Court of Madison County (O'Brien, III, J.).
Defendant contends on this appeal that the concurrent prison sentences of 1 to 3 years that he received upon his guilty plea are harsh and excessive. Defendant initially entered into a plea agreement of six months' incarceration and five years' probation conditioned upon defendant's enrollment in an in-patient alcohol treatment program. At sentencing, it was established that defendant had not met this condition of the plea agreement and he stated that he would not be able to comply with the terms of any probationary sentences imposed. In light of defendant's failure to fulfill an explicit condition of the plea agreement, County Court was free to impose whatever legal sentences it felt appropriate (see, People v Thompson, 193 A.D.2d 841; People v McDaniels, 111 A.D.2d 876). Given defendant's attitude toward probation, his poor record when previously sentenced to probation, his record of alcohol-related crimes and the fact that the sentences were less than the harshest possible, we find no reason to disturb the sentences imposed by County Court (see, People v Warren, 186 A.D.2d 854; People v Miller, 163 A.D.2d 627, lv denied 76 N.Y.2d 942).
Weiss, P.J., Mikoll, Mercure and Mahoney, JJ., concur. Ordered that the judgment is affirmed.