PEOPLE v. SMITH

The court properly enhanced its originally promised sentence on the basis of defendant's post-plea indictment for two rapes (People v. Outley, 80 N.Y.2d 702, 713), and the sentence imposed was not an abuse of discretion. The fact that subsequent to sentencing defendant was acquitted of both rapes does not retroactively invalidate the sentence and does not, under all the circumstances, warrant a reduction in the interest of justice.

Concur — Sullivan, J. P., Milonas, Rubin and Tom, JJ.