People v. Cato

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WENDALL CATO, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 19, 1996

226 A.D.2d 1066 (N.Y. App. Div. 1996)

642 N.Y.S.2d 105

Opinion

April 19, 1996

Appeal from the Monroe County Court, Marks, J.

Present — Pine, J.P., Lawton, Wesley, Balio and Davis, JJ.

Judgment unanimously affirmed. Memorandum: We conclude that County Court properly determined that defendant violated the conditions of the sentencing commitment. Because defendant violated those conditions, the court was not bound by the sentencing commitment and could impose a greater sentence without providing defendant an opportunity to withdraw his plea ( see, People v. Thompson, 221 A.D.2d 1016). We further conclude that the enhanced sentence is not unduly harsh or severe.