Appellate Division of the Supreme Court of the State of New York October 24, 2012 (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