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PEOPLE v. SIMMONS

193 A.D.2d 567 (1993)

598 N.Y.S.2d 204

The People of the State of New York, Respondent, v. Tony Simmons, Also Known as Tommy Hooks, Appellant

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

May 27, 1993

The court was within its authority in sentencing defendant to an enhanced term after defendant had failed to satisfy the conditions which were clearly communicated to him at the plea proceeding: namely, that he appear for sentencing, and that he not be rearrested in the interim. Since defendant, by absconding, had violated one condition, we need not reach the question of whether an enhanced sentence based upon defendant's re-arrest...

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