People v. Delvalle

Appellate Division of the Supreme Court of New York

People v. Delvalle

167 A.D.2d 661, 563 N.Y.S.2d 244, 1990 N.Y. App. Div. LEXIS 13584

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

DecidedNovember 15, 1990

StatusPublished

Cited by3 cases

This text of 167 A.D.2d 661 (People v. Delvalle) 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. Delvalle, 167 A.D.2d 661, 563 N.Y.S.2d 244, 1990 N.Y. App. Div. LEXIS 13584 (N.Y. Ct. App. 1990).

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Opinion

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered April 2, 1987, upon a verdict convicting defendant of the crimes of burglary in the second degree and petit larceny.

Contrary to defendant’s claim, the record reveals that County Court properly tried defendant in absentia. At his bail reduction hearing, defendant was informed of both his right to be present at trial and the consequences of his failure to appear (see, People v Parker, 57 NY2d 136). Furthermore, the efforts made to provide defendant with actual knowledge of when trial was to commence were adequate. Among other things, a bench warrant was issued, adjournments were given, efforts were made to locate defendant and trial dates were postponed (cf., People v Edmonds, 151 AD2d 829). Additionally, although the sentence defendant received on his burglary conviction, 5 to 15 years in prison, was the maximum (see, Penal Law § 70.02 [3] [b]), it was within the statutory limits and no extraordinary circumstances warranting a modification in sentence are present here (see, People v Yarbrough, 158 AD2d 811, lv denied 75 NY2d 971).

Judgment affirmed. Weiss, J. P., Mikoll, Levine, Mercure and Harvey, JJ., concur.

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Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered April 2, 1987, upon a verdict convicting defendant of the crimes of burglary in the second degree and petit larceny.

Contrary to defendant’s claim, the record reveals that County Court properly tried defendant in absentia. At his bail reduction hearing, defendant was informed of both his right to be present at trial and the consequences of his failure to appear (see, People v Parker, 57 NY2d 136). Furthermore, the efforts made to provide defendant with actual knowledge of when trial was to commence were adequate. Among other things, a bench warrant was issued, adjournments were given, efforts were made to locate defendant and trial dates were postponed (cf., People v Edmonds, 151 AD2d 829). Additionally, although the sentence defendant received on his burglary conviction, 5 to 15 years in prison, was the maximum (see, Penal Law § 70.02 [3] [b]), it was within the statutory limits and no extraordinary circumstances warranting a modification in sentence are present here (see, People v Yarbrough, 158 AD2d 811, lv denied 75 NY2d 971).

Judgment affirmed. Weiss, J. P., Mikoll, Levine, Mercure and Harvey, JJ., concur.

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Bluebook (online)

167 A.D.2d 661, 563 N.Y.S.2d 244, 1990 N.Y. App. Div. LEXIS 13584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-delvalle-nyappdiv-1990.

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