Opinion
January 24, 1995
Appeal from the Supreme Court, New York County (Edwin Torres, J.).
Defendant failed to appear at his scheduled sentencing proceeding. In the interim, defendant had been re-arrested twice before the scheduled sentencing, and several times in the interim between the scheduled sentencing and the adjourned sentencing, thereby violating the no-arrest condition of the plea. Since defendant never challenged the validity of those arrests, it was not incumbent on the court sua sponte to inquire into their validity (cf., People v. Outley, 80 N.Y.2d 702). In view of the violation of the plea conditions, the court was not bound by its conditional promise and could impose another sentence without providing defendant an opportunity to withdraw his plea (see, People v. Simmons, 193 A.D.2d 567, lv denied 82 N.Y.2d 726; cf., People v. Rosenberg, 148 A.D.2d 346). Defendant's claim that he was improperly sentenced as a predicate felon was not preserved by his "bare conclusory allegations of a constitutional infirmity" (People v. Polanco, 192 A.D.2d 393), unaccompanied by any clear articulation of the basis for any constitutional challenge (People v. Jones, 183 A.D.2d 471, lv denied 80 N.Y.2d 896; but see, People v. Davis, 144 A.D.2d 688 [2d Dept]).
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Kupferman and Ross, JJ.