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People v. Stewart

Supreme Court, Appellate Division, First Department, New York.
Dec 29, 2015
134 A.D.3d 645 (N.Y. App. Div. 2015)

Opinion

3745/12 16502 279/13 16501.

12-29-2015

The PEOPLE of the State of New York, Respondent, v. Alfred STEWART, Defendant–Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Ellen Dille of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Lori Ann Farrington of counsel), for respondent.


Seymour W. James, Jr., The Legal Aid Society, New York (Ellen Dille of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Lori Ann Farrington of counsel), for respondent.

Opinion

Judgments, Supreme Court, Bronx County (Martin Marcus, J.), rendered May 30, 2013, as amended July 16, 2013, convicting defendant, upon his pleas of guilty, of two counts of auto stripping in the second degree, and sentencing him to concurrent terms of 1 ? to 4 years, unanimously affirmed.

The record supports the conclusion that defendant made a valid waiver, conveyed through counsel, of his right to be present at a proceeding where the court amended the sentence by reducing it to conform with the maximum sentence permitted by law for a class E felony. We perceive no basis for reducing the sentence.

MAZZARELLI, J.P., SWEENY, MANZANET–DANIELS, GISCHE, JJ., concur.


Summaries of

People v. Stewart

Supreme Court, Appellate Division, First Department, New York.
Dec 29, 2015
134 A.D.3d 645 (N.Y. App. Div. 2015)
Case details for

People v. Stewart

Case Details

Full title:The People of the State of New York, Respondent, v. Alfred Stewart…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Dec 29, 2015

Citations

134 A.D.3d 645 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 9628
21 N.Y.S.3d 619