(DOWNLOAD) "People v. Anthony Johnson" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: People v. Anthony Johnson
- Author : Supreme Court of New York
- Release Date : January 18, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
DECISION & ORDER It is well settled that where the defendant fails to comply with a condition of his or her plea agreement,
the court is not bound by its original sentencing promise and may unilaterally impose an enhanced sentence (see, People v
McNeill, 164 A.D.2d 951; People v Erazo, 155 A.D.2d 477; People v Caridi, 148 A.D.2d 625; People v Betheny, 147 A.D.2d 488).
Contrary to the defendant's contention on appeal, the sentence promise was clearly and unequivocally conditioned upon, among
other things, the defendant appearing on the scheduled sentencing date and not being re-arrested in the interim. Thus, when
the defendant failed to appear for sentencing and was subsequently re-arrested, the court was free to impose an enhanced sentence.
We note that the sentence imposed was far less than the maximum sentence the court had previously stated it would impose in
the event the defendant violated any of the conditions of the plea. Disposition ORDERED that the judgment is affirmed.