People v Downing |
2024 NY Slip Op 05807 |
Decided on November 20, 2024 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
This opinion is uncorrected and subject to revision before publication in the Official Reports. |
James D. Licata, New City, NY (Lois Cappelletti of counsel), for appellant.
Thomas E. Walsh II, District Attorney, New City, NY (Carrie A. Ciganek of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered April 7, 2023, convicting him of attempted criminal possession of a controlled substance in the fifth degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the County Court improperly imposed a greater sentence than it had promised is not preserved for appellate review, as he neither objected to the sentence on that ground nor moved to vacate his plea (see People v Martin, 151 AD3d 753, 753; People v Carrasquillo, 133 AD3d 774, 774). In any event, failure to appear on a scheduled sentencing date in violation of a plea agreement may constitute a basis to impose an enhanced sentence (see People v Figgins, 87 NY2d 840; People v Pereyra, 169 AD3d 719, 719; People v Diaz, 146 AD3d 803, 805). Under the particular circumstances of this case, the court providently exercised its discretion in enhancing the defendant's sentence (see People v Outley, 80 NY2d 702, 712).
The enhanced sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
DUFFY, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.
Darrell M. Joseph
Clerk of the Court