PEOPLE v. KESSNER


181 A.D.2d 1044 (1992)

The People of the State of New York, Respondent, v. Scott Kessner, Appellant. (Appeal No. 1.)

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

March 13, 1992


Judgment unanimously affirmed.

Memorandum:

It was not error for the court to enhance defendant's sentence, without a hearing, beyond that originally negotiated in the plea agreement. At the plea proceeding the court conditioned its promised sentence upon the defendant "staying out of trouble" pending sentencing. While waiting to be sentenced, defendant was arrested for crimes involving a threatening telephone call to his former girlfriend, who had obtained...

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