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People v. Cisco

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 857 (N.Y. App. Div. 1995)

Opinion

September 29, 1995

Appeal from the Oneida County Court, Cunningham, J.

Present — Lawton, J.P., Fallon, Callahan, Davis and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: County Court's sentence commitment to defendant was subject to the condition that defendant return to court for sentencing. Because defendant failed to appear for sentencing, the court was not bound by the commitment and was free to impose a greater sentence without giving defendant an opportunity to withdraw his plea (see, People v Shannon, 175 A.D.2d 614, 614-615; People v Thompson, 174 A.D.2d 1007, lv denied 78 N.Y.2d 1082).

Defendant's contention that the sentence is harsh and excessive is without merit.


Summaries of

People v. Cisco

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 857 (N.Y. App. Div. 1995)
Case details for

People v. Cisco

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUFUS D. CISCO…

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

Date published: Sep 29, 1995

Citations

219 A.D.2d 857 (N.Y. App. Div. 1995)
632 N.Y.S.2d 351