In People v. McMillon (4th Dept. 2/11/10), the defendant entered a plea agreement, which was conditioned on his agreement to appear to court on time. The defendant, however, failed to satisfy this condition. He arrived to sentencing one hour and twenty minutes late. As a result, County Court enhanced his prison sentence. The defendant appealed.
The Fourth Department affirmed. Since the defendant failed to abide by a term of his plea agreement, enhancement was proper. The court noted that the court had included included this provision in the agreement because the defendant had arrived late for other court appearances. (DAL/LC)
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