Public-domain · open source
OpenJurist

187 A.D.2d 475

People v. Warren

Appellate Division of the Supreme Court of the State of New York · decided 1992-11-02

Cited by 1 later decisions — most recently October 1999

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1992-11-02

View the full empirical analysis of this case →

¶1Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (LeVine, J.), imposed October 30, 1991.

¶2Ordered that the sentence is affirmed.

¶3The defendant contends that the sentencing court’s unilateral imposition of an enhanced term based on his failure to appear on the original sentencing date constituted legal error. However, inasmuch as the defendant did not advance this issue at the sentencing by objecting to the enhanced term or moving to withdraw his plea, he has failed to preserve this issue for appellate review (see, People v Polansky, 125 AD2d 342; People v Ifill, 108 AD2d 202), and we decline to reach the issue in the exercise of our interest of justice jurisdiction.

¶4Additionally, the sentence is neither harsh nor excessive (see, People v Suitte, 90 AD2d 80). Mangano, P. J., Sullivan, Rosenblatt, Miller and Pizzuto, JJ., concur.

/187/ad2d/475 · .json · Public domain