People v. Delano

• Decision Date: 11 October 1994
• Citation: 618 N.Y.S.2d 236,208 A.D.2d 644
• Parties: The PEOPLE, etc., Respondent, v. Curtis DELANO, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 236

618 N.Y.S.2d 236

208 A.D.2d 644

The PEOPLE, etc., Respondent, v. Curtis DELANO, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

Oct. 11, 1994.

Cristina D'Amato-Arvoy, White Plains, for appellant.

Kevin L. Wright, Dist. Atty., Carmel (Mary Jane MacCrae, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Putnam County (Sweeny, J.), rendered August 10, 1993, convicting him of driving while intoxicated, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

During the plea allocution, the court informed the defendant that the originally promised sentence of eight months imprisonment could be enhanced to 1 and 1/3 to 4 years imprisonment if he failed to appear for sentencing. The defendant failed to appear and the court imposed the enhanced sentence. Contrary to the defendant's contention, the court was not required to offer the defendant an opportunity to withdraw his plea. The enhanced term of imprisonment was part of the defendant's bargained-for sentence (see, People v. Shaw, 180 A.D.2d 656, 580 N.Y.S.2d 40; People v. McCoy, 182 A.D.2d 713, 582 N.Y.S.2d 479; People v. Santiago, 190 A.D.2d 700, 593 N.Y.S.2d 280). Nor is the sentence excessive under the circumstances of this case (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

SULLIVAN, J.P., and ROSENBLATT, ALTMAN, HART and FRIEDMANN, JJ., concur.