People v. Bruner

Appellate Division of the Supreme Court of New York

People v. Bruner

186 A.D.2d 997, 590 N.Y.S.2d 815, 1992 N.Y. App. Div. LEXIS 11529

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 7, 1992

StatusPublished

Cited by1 cases

This text of 186 A.D.2d 997 (People v. Bruner) 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. Bruner, 186 A.D.2d 997, 590 N.Y.S.2d 815, 1992 N.Y. App. Div. LEXIS 11529 (N.Y. Ct. App. 1992).

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Opinion

— Judgment unanimously affirmed. Memorandum: County Court did not err when it sentenced defendant in absentia. Defendant had been informed of the scheduled date for sentencing but, rather than appearing, chose to abscond to Texas. Defendant’s flight from the jurisdiction unambiguously indicated "a defiance of the processes of law sufficient to effect a forfeiture” of his right to be present at sentencing (People v Sanchez, 65 NY2d 436, 444; see also, People v Corley, 67 NY2d 105, 109-110).

We have examined defendant’s other contentions and find them to be without merit. (Appeal from Judgment of Cattaraugus County Court, Kelly, J. — Violation of Probation.) Present — Callahan, J. P., Green, Pine, Boehm and Davis, JJ.

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— Judgment unanimously affirmed. Memorandum: County Court did not err when it sentenced defendant in absentia. Defendant had been informed of the scheduled date for sentencing but, rather than appearing, chose to abscond to Texas. Defendant’s flight from the jurisdiction unambiguously indicated "a defiance of the processes of law sufficient to effect a forfeiture” of his right to be present at sentencing (People v Sanchez, 65 NY2d 436, 444; see also, People v Corley, 67 NY2d 105, 109-110).

We have examined defendant’s other contentions and find them to be without merit. (Appeal from Judgment of Cattaraugus County Court, Kelly, J. — Violation of Probation.) Present — Callahan, J. P., Green, Pine, Boehm and Davis, JJ.

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Bluebook (online)

186 A.D.2d 997, 590 N.Y.S.2d 815, 1992 N.Y. App. Div. LEXIS 11529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bruner-nyappdiv-1992.

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