PEOPLE v. BROOKS

Ordered that the judgment is affirmed.

The record indicates the clear intent of the court to condition the promised sentence upon the defendant's appearance on the date scheduled for sentencing. Because the defendant absconded and failed to appear on the scheduled date, the court was no longer bound by its promise and was free to impose a higher sentence ( see, People v. Gwynn, 201 A.D.2d 501; People v. Gamble, 111 A.D.2d 869).

The defendant's remaining contention is without merit.

Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.