May Court Impose a Longer Imprisonment for Not Appearing for Sentencing After Acceptance of a Plea ?
In People v. McDaniels, 111 A.D.2d 876, 877, 490 N.Y.S.2d 597, 598 (1985), the defendant entered into a plea agreement whereby he would receive prison terms of two to six years for the charged offenses.
The trial court "explicitly" told the defendant that a condition of acceptance of the plea was that defendant appear for sentencing and that, if he failed to do so, "all bets are off," the police would pick defendant up, and the court would give him what the court thought he deserved. McDaniels, 111 A.D.2d at 876, 490 N.Y.S.2d at 598.
When defendant failed to appear, the trial court imposed longer sentences.