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People v. Carpenter

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1205 (N.Y. App. Div. 1998)

Opinion

December 31, 1998

Appeal from Judgment of Onondaga County Court, Burke, J. — Felony Driving While Intoxicated.


Judgment unanimously affirmed. Memorandum: We reject the contention that County Court erred in imposing an enhanced sentence based upon defendant's failure to appear on the scheduled sentencing date without inquiring into the reason for defendant's nonappearance. The court afforded defendant an adequate opportunity to explain his failure to appear at sentencing, and defendant failed to provide a plausible explanation (see, People v. Knowles, 244 A.D.2d 425, 426; People v. Bowden, 221 A.D.2d 723, lv denied 87 N.Y.2d 919). Thus, the court was entitled to impose the enhanced sentence without conducting further inquiry.

Present — Green, J. P., Pine, Wisner, Balio and Boehm, JJ.


Summaries of

People v. Carpenter

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 1998
256 A.D.2d 1205 (N.Y. App. Div. 1998)
Case details for

People v. Carpenter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN G. CARPENTER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 31, 1998

Citations

256 A.D.2d 1205 (N.Y. App. Div. 1998)
682 N.Y.S.2d 652

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