PEOPLE v. VILLANUEVA-LOPEZ

The enhanced sentence imposed upon defendant because of his failure to comply with the conditions that would have entitled him to the lesser sentence promised was authorized (see, People v Smith, 188 A.D.2d 326; People v Maietta, 80 N.Y.2d 702, affg 173 A.D.2d 17) and fair. The maximum sentence imposed of 9 years is substantially less than the authorized maximum of 15 years, and, in view of defendant's criminal history and plea of guilty to another crime, committed while out on bail, should not be disturbed on appeal (see, People v Suitte, 90 A.D.2d 80). Any application by defendant to ameliorate the conditions of his incarceration should be directed to the correctional authorities (People v Holley, 162 A.D.2d 469, 470).

Concur — Murphy, P.J., Carro, Ellerin, Kupferman and Asch, JJ.