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People v. Anthony

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1998
247 A.D.2d 397 (N.Y. App. Div. 1998)

Opinion

February 2, 1998

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


Ordered that the judgment is affirmed.

The court did not improvidently exercise its discretion in denying the defendant's request for a further adjournment of sentencing to allow him to obtain private counsel ( see, People v. Arroyave, 49 N.Y.2d 264; People v. Gloster, 175 A.D.2d 258; People v. Ambrose, 147 A.D.2d 577).

In addition, the court explicitly warned the defendant that if he did not appear for sentencing, an enhanced sentence would be imposed in lieu of the bargained-for sentence. The defendant indicated that he understood those terms. Since the defendant failed to appear for sentencing and was returned to court on a warrant, the court had the right to impose the greater sentence. The defendant has no basis to complain that the sentence imposed was excessive ( see, People v. Fields, 197 A.D.2d 633).

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


Summaries of

People v. Anthony

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1998
247 A.D.2d 397 (N.Y. App. Div. 1998)
Case details for

People v. Anthony

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABDUL A. ANTHONY…

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

Date published: Feb 2, 1998

Citations

247 A.D.2d 397 (N.Y. App. Div. 1998)
667 N.Y.S.2d 954

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