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People v. Ortiz

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1999
266 A.D.2d 47 (N.Y. App. Div. 1999)

Opinion

November 9, 1999

Michael O. Foley, for Respondent.

Eve Kessler, for Defendant-Appellant.

NARDELLI, J.P., TOM, MAZZARELLI, WALLACH, BUCKLEY, JJ.


Judgment, Supreme Court, Bronx County (John Byrne, J.), rendered September 17, 1997, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

The court properly revoked its promise of a more lenient disposition upon successful completion of a drug program and sentenced defendant to a prison term where defendant absconded from the assigned residential drug program after only two and one-half weeks, and remained at large for almost five months thereafter, notifying no one (People v. Johnson, 254 A.D.2d 49). The court was not obligated to conduct a hearing, sua sponte, when defendant claimed for the first time at sentencing that he had been threatened by another participant in the program. Such a circumstance, even if true, would not excuse defendant's conduct.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Ortiz

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1999
266 A.D.2d 47 (N.Y. App. Div. 1999)
Case details for

People v. Ortiz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAUDIO ORTIZ…

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

Date published: Nov 9, 1999

Citations

266 A.D.2d 47 (N.Y. App. Div. 1999)
698 N.Y.S.2d 221

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