Opinion
February 7, 1994
Appeal from the Supreme Court, Kings County (Tomei, J.).
Ordered that the judgment is affirmed.
The defendant pleaded guilty with the understanding that, should he be re-arrested prior to sentencing, he would receive a sentence in excess of that promised. The mere fact that the court did not expressly state what enhanced sentence it might impose should the defendant be re-arrested prior to sentencing, or expressly inform the defendant that in the event he were to be re-arrested, he would not be permitted to withdraw his plea, did not compromise the validity of the plea (see, People v. Ogtong, 80 N.Y.2d 702, 711; People v. Outley, 80 N.Y.2d 702, 707-708). Under the circumstances of this case, the defendant has no basis to complain that the sentence imposed was excessive (see, People v Kazepis, 101 A.D.2d 816). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.