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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARGARET WALLACE, Appellant.

Ordered that the amended judgment is affirmed.

The promise of an increased sentence was part of the agreement the defendant entered into during the violation of probation proceeding. Since she did not fulfill a condition of her sentencing agreement by failing to return to court for sentencing, the court had the right to impose a greater sentence (see, People v Fields, 197 A.D.2d 633; People v Miller, 170 A.D.2d 464, 465). Therefore, she has no cause to complain that the sentence imposed is excessive (see, People v Fields, supra; People v Miller, supra; People v Kazepis, 101 A.D.2d 816, 817). We decline to exercise our interest of justice jurisdiction to reduce the defendant's sentence. Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

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PEOPLE v. WALLACE
(Dec 12, 1994)