PEOPLE v. McNEILL


164 A.D.2d 951 (1990)

The People of the State of New York, Respondent, v. Diandre McNeill, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 27, 1990


Ordered that the judgment is affirmed.

The defendant's plea agreement was explicitly conditioned, among other things, upon his remaining at a drug rehabilitation facility for 30 days prior to sentencing. The defendant breached the agreement by absconding from the facility. Under these circumstances, it was entirely proper for the court to sentence the defendant to a term of imprisonment in excess of that originally promised (see, People v Erazo,

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