PEOPLE v. SCHMARGE

Ordered that the sentence is affirmed.

A sentence of 1 1/3 to 4 years imprisonment and a $1,000 fine was imposed by the court after the defendant broke the promise that he had made as part of his plea agreement, and did not surrender himself on the date appointed to begin his original five-month sentence of incarceration. We find that the sentence is statutorily permissible (see, Penal Law § 70.00 [e]), is sanctioned by case law (see, e.g., People v Miller, 170 A.D.2d 464; People v Gibbs, 161 A.D.2d 661; People v Erazo, 155 A.D.2d 477; People v Asencio, 143 A.D.2d 917), and does not represent an abuse or improvident exercise of discretion under the facts and circumstances of this case (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.