People v. Henry

3 Citing cases

  1. People v. Baker

    204 A.D.3d 1471 (N.Y. App. Div. 2022)   Cited 11 times

    The court therefore properly imposed an enhanced sentence on the basis that defendant had violated the "no-arrest condition" of her plea agreement ( People v. Outley , 80 N.Y.2d 702, 713, 594 N.Y.S.2d 683, 610 N.E.2d 356 [1993] ; seePeople v. Fumia , 104 A.D.3d 1281, 1281-1282, 960 N.Y.S.2d 826 [4th Dept. 2013], lv denied 21 N.Y.3d 1004, 971 N.Y.S.2d 255, 993 N.E.2d 1278 [2013] ). In any event, because defendant failed to appear at a scheduled sentencing date, defendant violated another condition of the plea agreement and, on that basis, the court "was no longer bound by the agreed-upon sentence" ( People v. Henry , 192 A.D.3d 1504, 1505, 140 N.Y.S.3d 801 [4th Dept. 2021] [internal quotation marks omitted]; seePeople v. Figgins , 87 N.Y.2d 840, 841, 637 N.Y.S.2d 684, 661 N.E.2d 156 [1995] ). Contrary to defendant's assertion, the court warned defendant at the time it adjourned sentencing and scheduled the Outley hearing that her failure to appear could result in an enhanced sentence.

  2. People v. Baker

    No. 2022-02734 (N.Y. App. Div. Apr. 22, 2022)

    The court therefore properly imposed an enhanced sentence on the basis that defendant had violated the "no-arrest condition" of her plea agreement (People v Outley, 80 N.Y.2d 702, 713 [1993]; see People v Fumia, 104 A.D.3d 1281, 1281-1282 [4th Dept 2013], lv denied 21 N.Y.3d 1004 [2013]). In any event, because defendant failed to appear at a scheduled sentencing date, defendant violated another condition of the plea agreement and, on that basis, the court "was no longer bound by the agreed-upon sentence" (People v Henry, 192 A.D.3d 1504, 1505 [4th Dept 2021] [internal quotation marks omitted]; see People v Figgins, 87 N.Y.2d 840, 841 [1995]). Contrary to defendant's assertion, the court warned defendant at the time it adjourned sentencing and scheduled the Outley hearing that her failure to appear could result in an enhanced sentence.

  3. People v. Baker

    2022 N.Y. Slip Op. 2734 (N.Y. Sup. Ct. 2022)

    The court therefore properly imposed an enhanced sentence on the basis that defendant had violated the "no-arrest condition" of her plea agreement (People v Outley, 80 N.Y.2d 702, 713 [1993]; see People v Fumia, 104 A.D.3d 1281, 1281-1282 [4th Dept 2013], lv denied 21 N.Y.3d 1004 [2013]). In any event, because defendant failed to appear at a scheduled sentencing date, defendant violated another condition of the plea agreement and, on that basis, the court "was no longer bound by the agreed-upon sentence" (People v Henry, 192 A.D.3d 1504, 1505 [4th Dept 2021] [internal quotation marks omitted]; see People v Figgins, 87 N.Y.2d 840, 841 [1995]). Contrary to defendant's assertion, the court warned defendant at the time it adjourned sentencing and scheduled the Outley hearing that her failure to appear could result in an enhanced sentence.