PEOPLE v. MACK

The court properly exercised its discretion in enhancing defendant's sentence without providing him an opportunity to withdraw his plea, in view of his subsequent arrests and a courtroom outburst that resulted in injuries to several court officers ( see, People v. Colon, 200 A.D.2d 492). We find that the court's statement at the original plea proceeding, where imposition of the sentence was deferred, that "[defendant] would have to prove to the court that he should not be sent to state prison" put defendant on notice that the commission of further crimes would result in a harsher sentence ( see, supra), and that the court actually warned defendant to expect a sentence of 5 to 15 years. Defendant's claim that the enhanced sentence was a vindictive response to his successful appeal from his first sentence of 1 1/2 to 4 1/2 years ( 194 A.D.2d 384) is without merit, the court having provided appropriate reasons ( 159 Misc.2d 469) justifying further enhanced sentence ( see, People v. Barnes, 219 A.D.2d 527), including defendant's misconduct between the first and second sentencings.

Concur — Wallach, J.P., Ross, Williams and Mazzarelli, JJ.