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People v. Baessler

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1988
142 A.D.2d 585 (N.Y. App. Div. 1988)

Opinion

July 5, 1988

Appeal from the County Court, Suffolk County (Namm, J.).


Ordered that the judgments are affirmed.

We find no merit to the defendant's challenge to the sentences imposed. The record reveals that the defendant had received explicit warnings, during his plea allocution, regarding the consequences of his failure to appear for sentencing. He was advised that the conditional promise of 1 to 3 years' imprisonment, upon his conviction for the crime of attempted burglary in the third degree, would be increased to an indeterminate term of 1 1/3 to 4 years' imprisonment if he breached the conditions of bail. Thus, the sentencing court merely abided by the terms of its promise when it imposed the enhanced sentence, since the defendant did breach the conditions of bail by failing to return to court, as required.

We further find that the sentencing court did not abuse its discretion in imposing a consecutive sentence of six months' incarceration upon the defendant's guilty plea to bail jumping in the second degree. The defendant pleaded guilty to this crime with the understanding that such a sentence would be imposed (see, People v. Kazepis, 101 A.D.2d 816). Mollen, P.J., Lawrence, Eiber, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Baessler

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1988
142 A.D.2d 585 (N.Y. App. Div. 1988)
Case details for

People v. Baessler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SALVATORE BAESSLER…

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

Date published: Jul 5, 1988

Citations

142 A.D.2d 585 (N.Y. App. Div. 1988)

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