Legal Opinion

People v. Licastro

Appellate Division of the Supreme Court of the State of New York

Decided December 4, 1989PublishedCited by 2 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County (Huttner, J.), rendered December 19,1986, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

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.

Acc…

2Cases cited3 opinions

  1. People v. ParkerNew York Court of Appeals · 1982
  2. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. Christopher R.Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by2 opinions

  1. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1992

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