People v. Briggs
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: The circumstances of defendant’s failure to appear at sentencing constituted a waiver of his right to be present, and the court properly sentenced him in absentia (see, People v Robinson, 181 AD2d 983; cf., People v Rice, 156 AD2d 925, lv denied 75 NY2d 923). Defendant was warned when sentencing was adjourned that the court would not be bound by the one to three year promised sentence if he did not appear on the adjourned date, and he was further advised that the maximum term of…
2Cases cited7 opinions
- People v. WalworthAppellate Division of the Supreme Court of the State of New York · 1990
- People v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1989
- People v. MortonAppellate Division of the Supreme Court of the State of New York · 1988
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1991
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by3 opinions
- People v. KarlasAppellate Division of the Supreme Court of the State of New York · 1994
- People v. ColeAppellate Division of the Supreme Court of the State of New York · 1997
- People v. HinesAppellate Division of the Supreme Court of the State of New York · 2001