Home/Appellate Division of the Supreme Court of New York/People v. Aviles

People v. Aviles

207 A.D.2d 498, 616 N.Y.S.2d 243
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 22, 1994
StatusPublished

This text of 207 A.D.2d 498 (People v. Aviles) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Aviles, 207 A.D.2d 498, 616 N.Y.S.2d 243 (N.Y. Ct. App. 1994).

Opinion

—Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Rotker, J.), imposed November 4, 1992.

Ordered that the sentence is affirmed.

The defendant’s waiver of his right to appeal should not be enforced with respect to the enhanced sentence that the defendant received as a consequence of his failure to appear for sentencing following his plea of guilty (see, People v Mojica, 197 AD2d 642; People v Prescott, 196 AD2d 599). We find the sentence that was imposed is not unduly harsh or excessive under the circumstances of this case (see, People v Delgado, 80 NY2d 780; People v Suitte, 90 AD2d 80. Mangano, P. J., Balletta, Ritter, Santucci and Goldstein, JJ., concur.

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Related

People v. Delgado
80 N.Y.2d 780 (New York Court of Appeals, 1992)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Prescott
196 A.D.2d 599 (Appellate Division of the Supreme Court of New York, 1993)
People v. Mojica
197 A.D.2d 642 (Appellate Division of the Supreme Court of New York, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
207 A.D.2d 498, 616 N.Y.S.2d 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aviles-nyappdiv-1994.