| People v Bobo |
| 2007 NY Slip Op 06707 [43 AD3d 950] |
| September 11, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v TorinBobo, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg of counsel), forrespondent.
Appeal by the defendant, as limited by his brief, from a sentence of the County Court, NassauCounty (Gulotta, J.), rendered October 19, 2005, sentencing him, as a second felony offender, toan indeterminate term of imprisonment of 3½ to 7 years upon his conviction of criminalpossession of a controlled substance in the fifth degree, to run concurrently with a determinateterm of imprisonment of one year upon his conviction of criminal possession of a controlledsubstance in the seventh degree, upon his plea of guilty.
Ordered that the sentence is affirmed.
In exchange for his plea of guilty, the defendant was promised a sentence of an indeterminateterm of imprisonment of 3 to 6 years for criminal possession of a controlled substance in the fifthdegree and was further advised that if he failed to appear for sentencing he could be sentenced"to anything up to the maximum of three and a half to seven years."
The defendant failed to appear for sentencing and was returned on a bench warrant. When hewas brought before the court he claimed that he failed to appear on the original sentencing datebecause "I had a problem with my parole officer . . . I don't know. I just panicked, Iguess." This did not constitute a reasonable justification for failing to appear for sentencing(see People v Outley, 80 NY2d 702 [1993]). Accordingly, the court properly imposed anenhanced sentence of an indeterminate term of 3½ to 7 years' imprisonment to run [*2]concurrently with a determinate term of imprisonment of one year(see People v Gianfrate, 192 AD2d 970, 973 [1993]; People v Francis, 11 Misc 3d142[A], 2006 NY Slip Op 50733[U] [2006]).
The defendant's claim that the court should have conducted an additional inquiry as to whythe defendant failed to appear on the original sentencing date is unpreserved for appellate review(see People v Miles, 268 AD2d 489, 490 [2000]). Schmidt, J.P., Goldstein, Covello andDickerson, JJ., concur.