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PEOPLE v. GUERRA

291 A.D.2d 410 (2002)

736 N.Y.S.2d 901

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN C. GUERRA, Appellant.

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

Decided February 4, 2002.

Ordered that the judgment is affirmed.

As the defendant conceded, he failed to comply with a condition of his plea agreement, i.e., appear at the Probation Department for an interview. Therefore, the sentencing court was no longer bound to impose the sentence it originally promised, and it properly exercised its discretion in imposing an enhanced sentence (see, People v Figgins, 87 N.Y.2d 840; People v Miles,

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