| People v Hubbard |
| 2013 NY Slip Op 02265 [105 AD3d 760] |
| April 3, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ronald Hubbard, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Anne E. Oh of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (J.Doyle, J.), rendered January 13, 2011, convicting him of attempted robbery in the seconddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the County Court erred in not affording him anopportunity to withdraw his plea before imposing an enhanced sentence that includedboth restitution and a prison sentence. However, when the defendant failed to complywith the condition of his plea agreement that he appear on the scheduled sentencing date,the court was no longer bound by the original plea agreement and had the right to imposea greater sentence (see People v Figgins, 87 NY2d 840, 841 [1995]; People v Marte, 85 AD3d945, 946 [2011]; People vWhite, 3 AD3d 543, 544 [2004]; People v Delatorre, 306 AD2d 419,420 [2003]). Thus, the court had the right to impose the enhanced sentence after thedefendant absconded, without permitting him the option of withdrawing his plea (see People v Akhtar, 13 AD3d383, 384 [2004]; People v Brooks, 250 AD2d 774 [1998]; People vBrown, 244 AD2d 348, 349 [1997]). Angiolillo, J.P., Balkin, Austin and Miller, JJ.,concur.