People v. Waldron

• Decision Date: 14 January 1999
• Citation: 684 N.Y.S.2d 303
• Parties: 1999 N.Y. Slip Op. 247 The PEOPLE of the State of New York, Respondent, v. Keith WALDRON, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 303

684 N.Y.S.2d 303

1999 N.Y. Slip Op. 247

The PEOPLE of the State of New York, Respondent, v. Keith WALDRON, Appellant.

Supreme Court, Appellate Division,

Third Department.

Jan. 14, 1999.

Louise M. Harding, Clifton Park, for appellant.

James A. Murphy III, District Attorney (Nicholas E. Tishler, Special Prosecutor, Niskayuna, of counsel), Ballston Spa, for respondent.

Before: MIKOLL, J.P., CREW, YESAWICH, SPAIN and CARPINELLO, JJ.

CARPINELLO, J.

Appeal from a judgment of the County Court of Saratoga County (Scarano Jr., J.), rendered October 14, 1997, convicting defendant upon his plea of guilty of the crime of robbery in the third degree.

Pursuant to a plea bargain agreement, defendant entered a plea of guilty to the crime of robbery in the third degree, waiving his right to appeal, in exchange for a sentence of 1 1/2 to 4 1/2 years in prison. Upon the request of defense counsel, County Court agreed to postpone defendant's sentencing until a disposition was made in an unrelated matter before the County Court of Warren County. Defendant failed to appear on the scheduled date resulting in a sentence of 2 to 6 years in prison.

We reject defendant's contention that the waiver of his right to appeal is unenforceable because it was conditioned upon the imposition of the originally bargained-for sentence. An integral part of the plea bargain, as articulated by County Court on the record at defendant's plea hearing, was that defendant present himself for sentencing on the appointed date and that his failure to do so without just cause could result in the imposition of an enhanced sentence (see, e.g., People v. Johnson, 238 A.D.2d 641, 656 N.Y.S.2d 961, lv. denied 90 N.Y.2d 859, 661 N.Y.S.2d 186, 683 N.E.2d 1060). By his nonappearance, defendant violated the terms of the plea agreement, justifying the lengthier sentence (see, People v. Figgins, 87 N.Y.2d 840, 841, 637 N.Y.S.2d 684, 661 N.E.2d 156).

The sentence of 2 to 6 years was neither harsh nor excessive. Given the circumstances presented here, including defendant's lengthy criminal history and the fact that it was committed while defendant was serving a previously imposed sentence of probation, the sentence will not be disturbed (see, People v. Small, 192 A.D.2d 889, 597 N.Y.S.2d 191). Defendant's remaining contentions have been reviewed and found to be without merit.

ORDERED that the judgment is affirmed.

MIKOLL, J.P., CREW, YESAWICH and SPAIN, JJ., concur.