From Casetext: Smarter Legal Research

People v. Delano

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 644 (N.Y. App. Div. 1994)

Opinion

October 11, 1994

Appeal from the County Court, Putnam County (Sweeny, J.).


Ordered that the judgment is affirmed.

During the plea allocution, the court informed the defendant that the originally promised sentence of eight months imprisonment could be enhanced to 1 and 1/3 to 4 years imprisonment if he failed to appear for sentencing. The defendant failed to appear and the court imposed the enhanced sentence. Contrary to the defendant's contention, the court was not required to offer the defendant an opportunity to withdraw his plea. The enhanced term of imprisonment was part of the defendant's bargained-for sentence (see, People v. Shaw, 180 A.D.2d 656; People v. McCoy, 182 A.D.2d 713; People v. Santiago, 190 A.D.2d 700). Nor is the sentence excessive under the circumstances of this case (see, People v. Suitte, 90 A.D.2d 80). Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.


Summaries of

People v. Delano

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 644 (N.Y. App. Div. 1994)
Case details for

People v. Delano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS DELANO…

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

Date published: Oct 11, 1994

Citations

208 A.D.2d 644 (N.Y. App. Div. 1994)
618 N.Y.S.2d 236

Citing Cases

People v. Mercado

On the facts of this case, it is unnecessary to resolve the issues raised regarding the legality of the…