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People v. Colon

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 1996
224 A.D.2d 246 (N.Y. App. Div. 1996)

Opinion

February 8, 1996

Appeal from the Supreme Court, New York County (Paul Bookson, J.).


We agree with defendant that the court should not have sentenced him, over his timely objection, to a term of 1 to 3 years, because defendant was not warned, at the time of his guilty plea, of the possibility of an enhanced sentence in the event that he absconded. However, on appeal defendant declines any remedy other than resentencing to time served. That would not be a lawful remedy, since it would relieve defendant from the probation supervision which was part of the original promised sentence. Accordingly, we affirm.

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Williams, JJ.


Summaries of

People v. Colon

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 1996
224 A.D.2d 246 (N.Y. App. Div. 1996)
Case details for

People v. Colon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CEFERINO COLON…

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

Date published: Feb 8, 1996

Citations

224 A.D.2d 246 (N.Y. App. Div. 1996)
637 N.Y.S.2d 702