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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN THOMPSON, Appellant.

Judgment unanimously affirmed. Memorandum: The record supports County Court's determination that defendant violated a condition of the sentencing commitment. Because defendant failed to fulfill a condition of the sentencing commitment, the court was not bound by it and could impose a greater sentence without providing defendant an opportunity to withdraw his plea (see, People v Parsons, 210 A.D.2d 901, lv denied 85 N.Y.2d 941). The enhanced sentence is not unduly harsh or severe.

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PEOPLE v. THOMPSON
(Nov 15, 1995)