People v. D'Avolio

— Judgment unanimously affirmed. Memorandum: Where, as here, the sentencing court determines that it cannot adhere to its sentencing promise indicated prior to the acceptance of the plea, the proper procedure is to afford defendant the option of either withdrawing his plea or accepting an appropriate sentence (see, People v Selikoff', 35 NY2d 227, 238-239, cert denied 419 US 1122; People v Parry, 150 AD2d 809, 810, lv denied 74 NY2d 816; People v Pittman, 129 AD2d 592, lv denied 70 NY2d 716; People v Grant, 99 AD2d 536; People v Mack, 84 AD2d 540). Generally, " '[a] defendant who has not * *…