People v. Kessner

— Judgment unanimously affirmed. Memorandum: It was not error for the court to enhance defendant’s sentence, without a hearing, beyond that originally negotiated in the plea agreement. At the plea proceeding the court conditioned its promised sentence upon the defendant "staying out of trouble” pending sentencing. While waiting to be sentenced, defendant was arrested for crimes involving a threatening telephone call to his former girlfriend, who had obtained an order of protection against him. Since defendant did not deny making the call and the contact was specifically prohibited by the…