Ordered that the sentence is modified, as a matter of discretion in the interest of justice, by reducing it from 4 to 12 years' imprisonment to 3 to 9 years' imprisonment; as so modified, the sentence is affirmed, and it is further,
Ordered that the order is affirmed.
During the plea allocution, the defendant was informed that if she failed to appear on the date scheduled for sentencing, she would not be permitted to withdraw her plea and the sentence originally promised would be enhanced to 4 to 12 years' imprisonment. Upon the defendant's nonappearance, the sentencing court imposed the enhanced sentence. This procedure was entirely proper, and the defendant was not entitled to have the enhanced sentence set aside (see, People v. Harvey, 146 A.D.2d 585; People v. Warren, 121 A.D.2d 418; People v. Gamble, 111 A.D.2d 869; see also, People v. Kazepis, 101 A.D.2d 816).
Under the circumstances of this case, however, we find that the sentence imposed was excessive to the extent indicated. Thompson, J.P., Brown, Balletta, Miller and O'Brien, JJ., concur.