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People v. Gerald

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 1990
167 A.D.2d 352 (N.Y. App. Div. 1990)

Opinion

November 5, 1990

Appeal from the Supreme Court, Kings County (Goldman, J.).


Ordered that the judgment is affirmed.

We find that the defendant was properly sentenced in accordance with the plea agreement. He was fully apprised that the promised sentence would be enhanced if he failed to appear on the scheduled sentencing date. When he failed to appear and was subsequently arrested on a bench warrant, the court properly imposed the greater sentence (see, People v. Raife, 146 A.D.2d 652; People v. Baessler, 142 A.D.2d 585). We find no support for the defendant's unsubstantiated claim on appeal that the imposition of the greater sentence somehow induced him to waive his challenge to the predicate violent felony offender statement. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. Gerald

Appellate Division of the Supreme Court of New York, Second Department
Nov 5, 1990
167 A.D.2d 352 (N.Y. App. Div. 1990)
Case details for

People v. Gerald

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES GERALD, Appellant

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

Date published: Nov 5, 1990

Citations

167 A.D.2d 352 (N.Y. App. Div. 1990)
561 N.Y.S.2d 309