From Casetext: Smarter Legal Research

People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 585 (N.Y. App. Div. 1997)

Opinion

November 24, 1997

Appeal from the Supreme Court, Suffolk County (Rohl, J.).


Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal the enhanced sentence imposed by the court is unenforceable. There is no merit, however, to the defendant's contention that the enhanced sentence was improperly imposed. The defendant was expressly advised and acknowledged prior to the sentence date that he would receive an enhanced sentence if he failed to appear at sentencing. The defendant did not appear on the date set for sentencing. He was returned to court on a warrant and thereupon the court properly imposed the enhanced sentence that was promised ( see, People v. Figgins, 87 N.Y.2d 840).

Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.


Summaries of

People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 585 (N.Y. App. Div. 1997)
Case details for

People v. Stewart

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSE STEWART…

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

Date published: Nov 24, 1997

Citations

244 A.D.2d 585 (N.Y. App. Div. 1997)
664 N.Y.S.2d 360

Citing Cases

People v. Barnett

The statements by defense counsel with respect to the defendant's pro se motion were not adverse to his…

New York v. Mccauley

However, the defendant's challenge to his enhanced sentence is without merit. The defendant was expressly…