People v. Ayers

Judgment unanimously affirmed. Memorandum: Upon defendant’s guilty plea, County Court expressly conditioned its sentence promise on defendant not being arrested between the date of the plea and the day of sentencing. That condition was properly imposed (see, People v Outley, 80 NY2d 702). Defendant was arrested before the day of sentencing while committing a burglary, and the court imposed a greater sentence than that originally promised. Although the court did not inquire further into the circumstances of the subsequent arrest, defendant was given ample opportunity to address the court,…