Opinion
May 14, 1996
Appeal from the Supreme Court, New York County (Carol Berkman, J.).
The court properly exercised its discretion in enhancing defendant's sentence without providing him an opportunity to withdraw his plea, in view of his subsequent arrests and a courtroom outburst that resulted in injuries to several court officers ( see, People v. Colon, 200 A.D.2d 492). We find that the court's statement at the original plea proceeding, where imposition of the sentence was deferred, that "[defendant] would have to prove to the court that he should not be sent to state prison" put defendant on notice that the commission of further crimes would result in a harsher sentence ( see, supra), and that the court actually warned defendant to expect a sentence of 5 to 15 years. Defendant's claim that the enhanced sentence was a vindictive response to his successful appeal from his first sentence of 1 1/2 to 4 1/2 years ( 194 A.D.2d 384) is without merit, the court having provided appropriate reasons ( 159 Misc.2d 469) justifying further enhanced sentence ( see, People v. Barnes, 219 A.D.2d 527), including defendant's misconduct between the first and second sentencings.
Concur — Wallach, J.P., Ross, Williams and Mazzarelli, JJ.