Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed and case remitted to Criminal Term for further proceedings in accordance herewith.
The record reveals that at sentencing defendant was not afforded an opportunity to withdraw his plea when it was apparent that the sentence promise would not be fulfilled. "`It is a basis [ sic] principle of our law that "a guilty plea induced by an unfulfilled promise either must be vacated or the promise honored"'" ( People v Clemons, 70 A.D.2d 884, citing People v Torres, 45 N.Y.2d 751, 753; People v Grant, 99 A.D.2d 536).
Accordingly, we remit the case to Criminal Term, which shall impose the agreed-upon sentence or offer defendant the opportunity of withdrawing his plea. Weinstein, J.P., Brown, Niehoff and Lawrence, JJ., concur.