Opinion
February 10, 1994
Appeal from the County Court of Montgomery County (Aison, J.).
Upon his plea of guilty, defendant was sentenced to concurrent terms of imprisonment of 1 1/3 to 4 years and a fine of $3,000. Defendant's contention that he should have been allowed to withdraw his guilty plea is without merit. The record reveals that the plea was voluntary, knowing and intelligent. Further, once defendant was found to have breached one of the conditions of the plea agreement, County Court was free to impose enhanced sentences without allowing withdrawal of the plea. Finally, given that the fine imposed is less than the maximum allowed, we reject defendant's contention that the fine is harsh and excessive and find no basis to disturb the sentence imposed by County Court.
Mikoll, J.P., Mercure, Crew III and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.