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.