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PEOPLE v. CSERVAK

243 A.D.2d 723 (1997)

665 N.Y.S.2d 310

The People of the State of New York, Respondent, v. John J. Cservak, Appellant

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

October 27, 1997

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not err in failing to afford him the opportunity to withdraw his plea before imposing sentence. When the defendant fails to comply with a condition of his or her plea agreement, the court is not bound by its original sentencing promise and may unilaterally impose an enhanced sentence (see, People v Thorpe, 189 A.D.2d 903; ...

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