People v. Shaw
Opinion of the Court
Appeal by the defendant from (1) five judgments of the Supreme Court, Queens County (Sherman, J.), all rendered November 27, 1989, convicting him of robbery in the second degree under Indictment No. 4010/89, robbery in the second degree under Indictment No. 4115/89, and robbery in the third degree under Indictment Nos. 4063/ 89, 4114/89, and 4229/89 (three counts, one as to each indictment), upon his pleas of guilty, and (2) five judgments of the same court, all rendered December 11, 1989, convicting him of robbery in the second degree under Indictment No. 4064/89, grand larceny in the fourth degree under Indictment No. 4271/89, and robbery in the third degree under Indictment Nos. 4272/89, 4324/89, and 4325/89 (three counts, one as to each indictment), upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
During the defendant’s plea allocution in connection with Indictment Nos. 4010/89, 4114/89, 4115/89, 4063/89, and 4229/89, the court twice explained to the defendant that as a condition to the court imposing the promised sentences of 3 to 9 years imprisonment on the second degree robbery counts, the defendant was required to appear for sentencing. If the defendant failed to appear on the scheduled sentencing date, the court promised the defendant that it would sentence him to 5 to 15 years imprisonment on those counts. When the defendant failed to appear on the scheduled sentencing date, the court issued a bench warrant for the defendant’s arrest and re-scheduled sentencing for three weeks later. At the second sentencing date, the defendant failed to appear and the court adjourned sentencing for a second call so that the defense counsel could attempt to locate the defendant. Upon recall, the defendant still could not be found so the court sentenced the defendant in absentia to 5 to 15 years imprisonment as promised.
We find that the court properly sentenced the defendant in absentia since the defendant knowingly waived his right to be present at sentencing (see, People v Davis, 106 AD2d 657, 658).
In view of our determination, there is no basis for vacatur of the pleas under Indictment Nos. 4064/89, 4271/89, 4272/89, 4324/89, and 4325/89 (cf., People v Clark, 45 NY2d 432). Mangano, P. J., Rosenblatt, Lawrence and Copertino, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.