Opinion
September 16, 1991
Appeal from the Supreme Court, Richmond County (Felig, J.).
Ordered that the judgments are affirmed.
The defendant's contention that his pleas should be vacated because the court imposed sentences greater than that bargained for is unpreserved for appellate review (see, People v Pellegrino, 60 N.Y.2d 636). In any event, the court expressly advised the defendant that a sentence of five to fifteen years would be imposed upon his conviction under Indictment No. 269S/88 if he failed to stay out of further legal "trouble". Prior to sentencing, the defendant was arrested twice for unrelated drug and weapon possession charges. Therefore, the court was not bound by its original sentencing promise and was not required to permit the defendant to withdraw his guilty plea prior to imposing the enhanced sentence (see, People v. Caridi, 148 A.D.2d 625; see also, People v. McNeill, 164 A.D.2d 951; People v. Asencio, 143 A.D.2d 917).
Finally, the concurrent sentences imposed were neither harsh nor excessive under the circumstances of this case. Mangano, P.J., Sullivan, Harwood and Miller, JJ., concur.