PEOPLE v. SHABAZZ (1999)

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered December 17, 1998, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant was initially promised a sentence of 2 to 4 years upon his plea of guilty to the crime of assault in the second degree;  however, County Court specifically informed defendant that its commitment was conditioned upon him not being arrested while released pending sentencing.   Thereafter, defendant was arrested on a drug-related charge and County Court, finding a reasonable basis for the arrest, sentenced defendant to a prison term of 3 to 6 years.   Under these circumstances, we do not find the enhanced sentence to be harsh or excessive, notwithstanding defendant's contention to the contrary (see, People v. Hughes, 260 A.D.2d 657, 688 N.Y.S.2d 278;  People v. Whittaker, 257 A.D.2d 854, 685 N.Y.S.2d 130, lv. denied 93 N.Y.2d 880, 689 N.Y.S.2d 442, 711 N.E.2d 656;  People v. Eagle, 169 A.D.2d 894, 564 N.Y.S.2d 617).

ORDERED that the judgment is affirmed.

MEMORANDUM DECISION.