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People v. Raife

Appellate Division of the Supreme Court of New York, Second Department
Jan 17, 1989
146 A.D.2d 652 (N.Y. App. Div. 1989)

Opinion

January 17, 1989

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


Ordered that the judgments are affirmed.

We find that the defendant was properly sentenced in accordance with the plea bargain agreements. The defendant was fully advised that the promised sentences would be enhanced if he failed to appear on the scheduled sentencing date. The defendant failed to appear, a bench warrant was issued and he was subsequently arrested on the warrant. His excuse for his nonappearance, i.e., that he had attended an out-of-State funeral two days prior to the scheduled sentence date, was patently insufficient. Under the circumstances, the sentences imposed were neither a violation of the plea agreements nor excessive (see, People v Sharlow, 116 A.D.2d 603, 604; People v Bell, 110 A.D.2d 902; People v Kazepis, 101 A.D.2d 816). Mangano, J.P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.


Summaries of

People v. Raife

Appellate Division of the Supreme Court of New York, Second Department
Jan 17, 1989
146 A.D.2d 652 (N.Y. App. Div. 1989)
Case details for

People v. Raife

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MITCHELL RAIFE…

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

Date published: Jan 17, 1989

Citations

146 A.D.2d 652 (N.Y. App. Div. 1989)

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