Legal Research AI

People v. Mack

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1996-05-14
Citations: 227 A.D.2d 218, 642 N.Y.S.2d 270
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1 Citing Case
Lead Opinion

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered October 28, 1993, resentencing defendant, upon his plea of guilty to robbery in the second degree, to a term of 5 to 15 years, unanimously affirmed.

The court properly exercised its discretion in enhancing defendant’s sentence without providing him an opportunity to withdraw his plea, in view of his subsequent arrests and a courtroom outburst that resulted in injuries to several court officers (see, People v Colon, 200 AD2d 492). We find that the court’s statement at the original plea proceeding, where imposition of the sentence was deferred, that "[defendant] would have to prove to the court that he should not be sent to state prison” put defendant on notice that the commission of further crimes would result in a harsher sentence (see, supra), and that the court actually warned defendant to expect a sentence of 5 to 15 years. Defendant’s claim that the enhanced sentence was a vindictive response to his successful appeal from his first sentence of V-h to years (194 AD2d 384) is without merit, the court having provided appropriate reasons (159 Misc 2d 469) justifying further enhanced sentence (see, People v Barnes, 219 AD2d 527), including defendant’s misconduct between the first and second sentencings. Concur — Wallach, J. P., Ross, Williams and Mazzarelli, JJ.