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

People v. Gamble

111 A.D.2d 869, 490 N.Y.S.2d 598, 1985 N.Y. App. Div. LEXIS 50129
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 17, 1985
StatusPublished
Cited by25 cases

This text of 111 A.D.2d 869 (People v. Gamble) 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. Gamble, 111 A.D.2d 869, 490 N.Y.S.2d 598, 1985 N.Y. App. Div. LEXIS 50129 (N.Y. Ct. App. 1985).

Opinion

Appeal by defendant from a judgment of the County Court, Suffolk County (Mullen, J.), rendered April 15, 1983, convicting him of grand larceny in the second degree, upon his plea of guilty, and imposing sentence.

[870]*870Judgment affirmed.

Defendant contends that the County Court erred by not affording him an opportunity to withdraw his plea of guilty before imposing a higher sentence than that originally negotiated in the plea agreement. Although that is the usual rule (Santobello v New York, 404 US 257), it does not apply to the instant case. Taken as a whole, the record indicates the clear intent of the court to condition the promised sentence upon the defendant’s appearance on the date scheduled for sentencing. Because defendant absconded and failed to appear on the scheduled date, the court was no longer bound by its promise and was free to impose a higher sentence (see, People v Innes, 111 AD2d 356; People v McDaniels, 111 AD2d 876; People v Davis, 106 AD2d 657; People v Chevalier, 92 AD2d 944). Lazer, J. P., Gibbons, O’Connor and Brown, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Saad
286 A.D.2d 782 (Appellate Division of the Supreme Court of New York, 2001)
People v. Brooks
250 A.D.2d 774 (Appellate Division of the Supreme Court of New York, 1998)
People v. Haynes
248 A.D.2d 402 (Appellate Division of the Supreme Court of New York, 1998)
People v. Brown
244 A.D.2d 348 (Appellate Division of the Supreme Court of New York, 1997)
People v. Cservak
243 A.D.2d 723 (Appellate Division of the Supreme Court of New York, 1997)
People v. Falcis
233 A.D.2d 340 (Appellate Division of the Supreme Court of New York, 1996)
People v. Patterson
227 A.D.2d 572 (Appellate Division of the Supreme Court of New York, 1996)
People v. Rumlin
209 A.D.2d 1051 (Appellate Division of the Supreme Court of New York, 1994)
People v. Gwynn
201 A.D.2d 501 (Appellate Division of the Supreme Court of New York, 1994)
People v. Thorpe
189 A.D.2d 903 (Appellate Division of the Supreme Court of New York, 1993)
People v. Cox
187 A.D.2d 604 (Appellate Division of the Supreme Court of New York, 1992)
People v. Figueroa
186 A.D.2d 146 (Appellate Division of the Supreme Court of New York, 1992)
People v. Boyd
179 A.D.2d 815 (Appellate Division of the Supreme Court of New York, 1992)
People v. Malatesta
172 A.D.2d 692 (Appellate Division of the Supreme Court of New York, 1991)
People v. Riverside
168 A.D.2d 647 (Appellate Division of the Supreme Court of New York, 1990)
People v. Hladky
158 A.D.2d 616 (Appellate Division of the Supreme Court of New York, 1990)
People v. Viken
158 A.D.2d 635 (Appellate Division of the Supreme Court of New York, 1990)
People v. Fuller
156 A.D.2d 377 (Appellate Division of the Supreme Court of New York, 1989)
People v. Camacho
154 A.D.2d 611 (Appellate Division of the Supreme Court of New York, 1989)
People v. Caridi
148 A.D.2d 625 (Appellate Division of the Supreme Court of New York, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
111 A.D.2d 869, 490 N.Y.S.2d 598, 1985 N.Y. App. Div. LEXIS 50129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gamble-nyappdiv-1985.