Opinion
January 20, 1994
Appeal from the Supreme Court, Bronx County (Dominic R. Massaro, J.).
The court did not abuse its discretion in enhancing defendant's sentence without giving him an opportunity to withdraw his guilty pleas, given his flight before sentencing (see, People v Malatesta, 172 A.D.2d 692; People v. Dremeguila, 166 A.D.2d 196, lv denied 76 N.Y.2d 1020), subsequent arrest for murder and attempted murder (see, People v. Outley, 80 N.Y.2d 702), and knowledge that it was a condition of the plea agreement that he not "get into any trouble" while released on his own recognizance pending sentencing. The factual allocutions for both pleas were adequate and established that defendant understood the nature of the charges (People v. Moore, 71 N.Y.2d 1002). Finally, the sentences imposed were lawful and, in light of defendant's continuing unlawful behavior, not excessive.
Concur — Rosenberger, J.P., Ellerin, Kupferman and Rubin, JJ.