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THE PEOPLE, ETC., RESPONDENT, v. EDGAR WALTERS, APPELLANT. (IND. NO. 99-00194).

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the court improperly imposed a greater sentence than that which had been promised is not preserved for appellate review, as he neither objected to the sentence on that ground nor moved to vacate his plea (see, People v. Gayle, 224 A.D.2d 710). In any event, when the defendant failed to comply with a condition of his plea agreement that he appear on the scheduled sentencing date, the court was no longer bound by the original plea agreement and had the right to impose a greater sentence (see, People v. Gayle, supra; People v. Fields, 197 A.D.2d 633). Moreover, since the defendant was aware that he faced an enhanced sentence if he failed to comply with the plea agreement, he has no cause to complain that the sentence imposed is excessive (see, People v. Fields, supra).

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PEOPLE v. WALTERS
(Jun 19, 2000)