General
The People of the State of New York, Respondent, v. Alfred Stewart, Appellant
134 A.D.3d 64521 N.Y.S.3d 619·New York Supreme Court, Appellate Division·2015·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
The People of the State of New York, Respondent, v Alfred Stewart, Appellant.
[21 NYS3d 619]
[MAJORITY]
Judgments, Supreme Court, Bronx County (Martin Marcus, J.), rendered May 30, 2013, as amended July 16, 2013, convicting defendant, upon his pleas of guilty, of two counts of auto stripping in the second degree, and sentencing him to concurrent terms of IV3 to 4 years, unanimously affirmed.
The record supports the conclusion that defendant made a valid waiver, conveyed through counsel, of his right to be present at a proceeding where the court amended the sentence by reducing it to conform with the maximum sentence permitted by law for a class E felony. We perceive no basis for reducing the sentence. Concur — Mazzarelli, J.P., Sweeny, ManzanetDaniels and Gische, JJ.