People v. Owens

The defendant contends that the court failed to fulfill the sentencing promise that induced him to plead guilty. However, *1025since the defendant breached the terms of a cooperation agreement that he entered into with the People in connection with his plea, and since he was rearrested, the court was not bound by its original sentencing promise and was free to impose the enhanced sentence (see People v Figgins, 87 NY2d 840, 841 [1995]; People v Browning, 44 AD3d 1067 [2007]; People v Thorpe, 189 AD2d 903 [1993]; People v Johnson, 177 AD2d 651 [1991]; People v McNeill, 164 AD2d 951 [1990]).…