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People v. Evans

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1993
191 A.D.2d 454 (N.Y. App. Div. 1993)

Opinion

March 1, 1993

Appeal from the Supreme Court, Queens County (Beldock, J.).


Ordered that the judgment is affirmed.

While several of the reasons offered by the court at resentencing to support imposition of an enhanced sentence may not have been valid, the enhanced sentence was nevertheless properly imposed. The record clearly indicates that after having been advised at the plea allocution that the court would not be bound by its promise and would be free to impose the maximum sentence provided by law should he fail to appear at the scheduled sentencing date, the defendant did in fact fail to appear and he failed to offer a reasonable excuse for his failure to do so (see, People v. Malatesta, 172 A.D.2d 692). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.


Summaries of

People v. Evans

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1993
191 A.D.2d 454 (N.Y. App. Div. 1993)
Case details for

People v. Evans

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BALFORE EVANS, Also…

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

Date published: Mar 1, 1993

Citations

191 A.D.2d 454 (N.Y. App. Div. 1993)
594 N.Y.S.2d 995