Opinion
October 15, 1985
Appeal from the Supreme Court, Kings County (Feldman, J.).
Judgment affirmed.
The plea minutes reveal that prior to accepting defendant's guilty plea, the court informed him that he would be sentenced to an indeterminate term of imprisonment of 1 to 3 years. The court further indicated that if he failed to appear before the court on the day of sentencing, he would be sentenced to a term of imprisonment of 2 1/3 to 7 years. Defendant indicated that he understood this. Defendant then withdrew his plea of not guilty to the charges contained in the indictment and the court accepted his plea of guilty to the crime of attempted robbery in the second degree.
Defendant failed to appear on the originally scheduled sentence date and was eventually arrested on a bench warrant. He offered no reasonable excuse for his failure to appear and so was sentenced to 2 1/3 to 7 years' imprisonment. As this sentence was part of the plea agreement, it was properly imposed without affording defendant the opportunity to withdraw his guilty plea (see, People v Mack, 107 A.D.2d 822; People v McDaniels, 111 A.D.2d 876; People v Innes, 111 A.D.2d 356). O'Connor, J.P., Rubin, Eiber and Kunzeman, JJ., concur.