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People v. Harris

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1991
169 A.D.2d 733 (N.Y. App. Div. 1991)

Opinion

January 14, 1991

Appeal from the Supreme Court, Queens County (Cohen, J.).


Ordered that the judgment is affirmed.

By absconding prior to sentencing, the defendant unambiguously indicated a defiance of the processes of law sufficient to effect a forfeiture of his right to be present at sentencing (see, People v Corley, 67 N.Y.2d 105). In this regard, we note that during the plea allocution, the court expressly advised the defendant that he would be sentenced in absentia in the event that he failed to return to court. Despite the defendant's acknowledgment of the potential consequences of a failure to follow the directives of the court, he nonetheless contumaciously absented himself from the proceedings. Accordingly, we find that he was properly sentenced in absentia (see, People v Lockwood, 137 A.D.2d 721; People v Hooper, 133 A.D.2d 347; see also, People v Scott, 158 A.D.2d 725; People v Villegas, 146 A.D.2d 228).

Moreover, although the court additionally warned the defendant that he would receive a greater sentence than that initially promised if he left his residential drug treatment program, he nevertheless absconded from the program less than one week later. Under these circumstances, the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. Harris

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 1991
169 A.D.2d 733 (N.Y. App. Div. 1991)
Case details for

People v. Harris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN HARRIS, Appellant

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

Date published: Jan 14, 1991

Citations

169 A.D.2d 733 (N.Y. App. Div. 1991)

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