Opinion
April 13, 1992
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment from 12 1/2 to 25 years to 5 to 10 years; as so modified, the judgment is affirmed.
During the plea allocution, the court informed the defendant that the sentence originally promised would be enhanced if the defendant failed to appear for sentencing or was rearrested before sentencing. The defendant failed to appear for sentencing and was arrested twice on unrelated charges. The court therefore imposed an enhanced sentence and denied the defendant's application to withdraw his plea. Contrary to the defendant's contention, the conditions imposed as part of the defendant's plea agreement were reasonable (see, People v Esajerre, 35 N.Y.2d 463) and did not amount to "interim probation" (cf., People v Rodney E., 77 N.Y.2d 672). Since the terms of the plea agreement were clear and unambiguous and were accepted by the defendant, the court was not required to permit the defendant to withdraw his plea before imposing the enhanced sentence (see, People v Johnson, 177 A.D.2d 651; People v Montrevil, 176 A.D.2d 274; People v Caridi, 148 A.D.2d 625).
Nevertheless, in view of the defendant's age, the circumstances of the crime, and his prior minimal criminal history, we find that the sentence is excessive to the extent indicated. Sullivan, J.P., Rosenblatt, Lawrence and O'Brien, JJ., concur.