PEOPLE v. STEWART


244 A.D.2d 585 (1997)

664 N.Y.S.2d 360

The People of the State of New York, Respondent, v. Jesse Stewart, Appellant

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

November 24, 1997


Ordered that the judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal the enhanced sentence imposed by the court is unenforceable. There is no merit, however, to the defendant's contention that the enhanced sentence was improperly imposed. The defendant was expressly advised and acknowledged prior to the sentence date that he would receive an enhanced sentence if he failed to appear at sentencing. The defendant...

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