Opinion
January 29, 1991
Appeal from the Supreme Court, New York County (Stephen Crane, J.).
The court was not obliged to sentence defendant, who had breached the plea agreement by absconding and committing further crimes, to the originally promised sentence of probation. (People v Asencio, 143 A.D.2d 917, lv denied 73 N.Y.2d 889.) Nor, under the circumstances presented, and in view of defendant's prior criminal history, do we find the imposition of the maximum sentence to constitute an abuse of discretion.
Concur — Murphy, P.J., Carro, Kupferman, Asch and Kassal, JJ.