PEOPLE v. GUERRA

ORDERED that the judgment is affirmed.

As the defendant conceded, he failed to comply with a condition of his plea agreement, i.e., appear at the Probation Department for an interview. Therefore, the sentencing court was no longer bound to impose the sentence it originally promised, and it properly exercised its discretion in imposing an enhanced sentence (see, People v. Figgins, 87 N.Y.2d 840; People v. Miles, 268 A.D.2d 489; People v. Davis, 239 A.D.2d 356; People v. Fields, 197 A.D.2d 633). The defendant's plea allocution transcript indicates that he would be subjected to an enhanced sentence if he failed to comply with the conditions of his plea agreement (see, People v. Davis, supra).

The defendant's remaining contention is without merit.

ALTMAN, J.P., S. MILLER, COZIER and PRUDENTI, JJ., concur.