People v. Jackson

Judgment unanimously affirmed. Memorandum: The sentencing court did not *951err in imposing an enhanced sentence based upon defendant’s failure to appear on the original sentencing date. The court "retains discretion in fixing an appropriate sentence up until the time of the sentencing” (People v Schultz, 73 NY2d 757, 758) and may impose an enhanced sentence for a reason not stated in the original plea agreement provided that it affords defendant the opportunity to withdraw his plea (see, People v Schultz, supra, at 758; People v Rosenberg, 148 AD2d 346, 347). The court twice offered defendant…