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People v. Halls

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 2011
85 A.D.3d 632 (N.Y. App. Div. 2011)

Opinion

No. 5413.

June 23, 2011.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered June 1, 2010, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 2½ years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), for respondent.

Before: Concur — Tom, J.P., Friedman, Acosta, Renwick and DeGrasse, JJ.


The court properly sentenced defendant in his absence. The record establishes that defendant, who was in the court pens, deliberately refused to be produced in the courtroom for his scheduled sentencing. Accordingly, defendant waived and/or forfeited his right to be present, regardless of whether he had been warned that sentencing would proceed in his absence ( see People v Sanchez, 65 NY2d 436, 443-444). In any event, the record indicates that defendant's attorney had warned his client to that effect.


Summaries of

People v. Halls

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 2011
85 A.D.3d 632 (N.Y. App. Div. 2011)
Case details for

People v. Halls

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER HALLS…

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

Date published: Jun 23, 2011

Citations

85 A.D.3d 632 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5421
925 N.Y.S.2d 818

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