From Casetext: Smarter Legal Research

People v. Licastro

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1989
156 A.D.2d 386 (N.Y. App. Div. 1989)

Opinion

December 4, 1989

Appeal from the Supreme Court, Kings County (Huttner, J.).


Ordered that the judgment is affirmed.

We find that the sentencing court did not abuse its discretion in sentencing the defendant in absentia. A review of the record shows that the defendant had been explicitly advised at the time of the plea that if he failed to appear for sentencing, the court would impose in his absence the maximum permissible sentence of 5 to 15 years' imprisonment.

Accordingly, we conclude that, under the circumstances, the defendant voluntarily, knowingly and intelligently waived his right to be present and that it was appropriate to sentence him in absentia (see, People v Davis, 106 A.D.2d 657; People v Christopher R., 135 A.D.2d 584; cf., People v Parker, 57 N.Y.2d 136). Mangano, J.P., Kunzeman, Rubin, Eiber and Balletta, JJ., concur.


Summaries of

People v. Licastro

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1989
156 A.D.2d 386 (N.Y. App. Div. 1989)
Case details for

People v. Licastro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SANTO LICASTRO…

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

Date published: Dec 4, 1989

Citations

156 A.D.2d 386 (N.Y. App. Div. 1989)
548 N.Y.S.2d 337

Citing Cases

People v. Thompson

The defendant voluntarily failed to reappear for the continuation of his trial and for sentencing, although…

People v. Robinson

The court properly sentenced defendant in absentia. A waiver of the right to be present at sentencing is…