Opinion
July 12, 1991
Appeal from the Supreme Court, Monroe County, Doyle, J.
Present — Callahan, J.P., Doerr, Denman, Green and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to defendant's argument that the sentencing court erred in failing to honor its sentence agreement. Where, as here, the court expressly makes a commitment to impose a particular sentence subject to certain conditions, and defendant violates one of those conditions, the court is no longer bound by the agreement and may impose a greater sentence without giving defendant an opportunity to withdraw his plea (see, People v Brooks, 154 A.D.2d 931; see also, People v Murello, 39 N.Y.2d 879; People v Dodson, 114 A.D.2d 421; People v McDaniels, 111 A.D.2d 876). In any event, defendant did not move to withdraw his guilty plea and thus did not preserve this issue for appellate review (see, People v Brooks, supra; People v Lopez, 71 N.Y.2d 662).
We have examined defendant's other contention and find it likewise to be without merit.