Opinion
2019-02996 Ind. 17-01028
07-14-2021
The People, etc., respondent, v. Dexter Lott, appellant.
Scott M. Bishop, White Plains, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (Christine DiSalvo and William C. Milaccio of counsel), for respondent.
Submitted-June 23, 2021
D66961 Y/htr
Scott M. Bishop, White Plains, NY, for appellant.
Miriam E. Rocah, District Attorney, White Plains, NY (Christine DiSalvo and William C. Milaccio of counsel), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS-RADIX, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Westchester County (Larry J. Schwartz, J.), rendered December 12, 2018, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the County Court erred in sentencing him in absentia is academic, as the defendant has already served the entirety of his sentence (see People v Baptiste, 181 A.D.3d 696, 696; People v Papanye, 159 A.D.3d 482, 483). In any event, under the circumstances of this case, the court properly determined that the defendant had absconded after pleading guilty and, therefore, forfeited his right to be present for sentencing (see People v Howington, 216 A.D.2d 960, 960; People v Scott, 188 A.D.2d 626, 626).
RIVERA, J.P., HINDS-RADIX, CONNOLLY and IANNACCI, JJ., concur.