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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS DELANO, Appellant.

Ordered that the judgment is affirmed.

During the plea allocution, the court informed the defendant that the originally promised sentence of eight months imprisonment could be enhanced to 1 and 1/3 to 4 years imprisonment if he failed to appear for sentencing. The defendant failed to appear and the court imposed the enhanced sentence. Contrary to the defendant's contention, the court was not required to offer the defendant an opportunity to withdraw his plea. The enhanced term of imprisonment was part of the defendant's bargained-for sentence (see, People v. Shaw, 180 A.D.2d 656; People v. McCoy, 182 A.D.2d 713; People v. Santiago, 190 A.D.2d 700). Nor is the sentence excessive under the circumstances of this case (see, People v. Suitte, 90 A.D.2d 80). Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.

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PEOPLE v. DELANO
(Oct 11, 1994)