People v Nesbitt |
2015 NY Slip Op 00922 [125 AD3d 1016] |
February 5, 2015 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Terrance F. Nesbitt, Appellant. |
Jay L. Wilber, Public Defender, Binghamton (Michael A. Vargha of counsel), for appellant.
Gerald F. Mollen, District Attorney, Binghamton (Joann Rose Parry of counsel), for respondent.
Appeal from a judgment of the County Court of Broome County (Cawley Jr., J.), rendered May 10, 2013, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to criminal
possession of a controlled substance in the fifth degree. Under the terms of the plea
agreement, he waived his right to appeal and was to be sentenced as a second felony
offender to 2
Defendant asserts that County Court abused its discretion in imposing the enhanced sentence. We disagree. County Court went out of its way to accommodate defendant's request to have sentencing adjourned so that he could attend his son's birthday party and even gave defendant an extra day so that he would not have to return on the date of the party. The court [*2]specifically warned him of the consequences of failing to appear, including the potentially longer sentence he faced, and indicated that bad weather or other such issues were not legitimate excuses. Nevertheless, defendant failed to appear at the required time and, when he finally came to court, claimed to have had transportation problems. Under the circumstances presented here, we cannot conclude that County Court abused its discretion in imposing an enhanced sentence (see People v Goodman, 79 AD3d 1285, 1286 [2010]; People v Baez, 67 AD3d 1204 [2009], lv denied 14 NY3d 797 [2010]).
Lahtinen, J.P., Egan Jr., Devine and Clark, JJ., concur. Ordered that the judgment is affirmed.