PEOPLE v. MOJICA

Ordered that the sentence is affirmed.

The defendant's waiver of his right to appeal should not be enforced with respect to the enhanced sentence he received as a consequence of his failure to appear for sentencing following his plea of guilty (see, People v. Prescott, 196 A.D.2d 599). The sentence imposed was not unduly harsh or excessive under the circumstances (see, People v. Delgado, 80 N.Y.2d 780; People v Suitte, 90 A.D.2d 80). Mangano, P.J., Thompson, Lawrence, O'Brien and Joy, JJ., concur.