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PEOPLE v. BETHENY

147 A.D.2d 488 (1989)

The People of the State of New York, Respondent, v. Everett Betheny, Also Known as Rick Martin, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 6, 1989

Ordered that the judgment is affirmed.

We find that the defendant was properly sentenced in accordance with the plea agreement. He was advised that a sentence of up to seven years would be imposed if he failed to appear on the scheduled sentencing date. When the defendant failed to appear, a bench warrant was issued and he was subsequently arrested. Under the circumstances, the sentence imposed was neither a violation of the plea agreement nor excessive (see

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