PEOPLE v. TRENT (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Teresa K. Corrigan, J., at plea;  Terence P. Murphy, J., at sentence), rendered November 13, 2024, convicting him of assault in the second degree and assault in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the County Court improvidently exercised its discretion in imposing an enhanced sentence is unpreserved for appellate review (see CPL 470.05[2];  People v. Perkins, 169 A.D.3d 936, 937, 92 N.Y.S.3d 670) and, in any event, without merit.  Since the defendant was rearrested and failed to appear on a scheduled sentencing date in violation of his plea agreement, the court was no longer bound by the original plea agreement and had the right to impose a greater sentence (see People v. Downing, 233 A.D.3d 965, 966, 222 N.Y.S.3d 671;  People v. Grant, 122 A.D.3d 767, 996 N.Y.S.2d 147).  Moreover, the court expressly warned the defendant that if he did not meet the conditions of his plea agreement, he would face the imposition of an enhanced sentence (see People v. Owens, 99 A.D.3d 1024, 1025, 952 N.Y.S.2d 452;  People v. Marte, 85 A.D.3d 945, 946, 925 N.Y.S.2d 348).

CONNOLLY, J.P., BRATHWAITE NELSON, WARHIT and VENTURA, JJ., concur.