People v Malcomb

Holding The court affirmed the conviction but modified the sentence as a matter of discretion, reducing the enhanced term to a determinate three years. It held that the defendant’s failure to appear for sentencing violated the plea agreement, justifying the enhanced sentence, but the original term was unduly harsh given his minimal criminal history.

The court’s words

had the opportunity to be present [in court] but failed to avail himself of the opportunity by his own volition

2026 NY Slip Op 04667, at the official text

failure to appear in court on the scheduled sentencing date constituted a violation of the plea agreement

2026 NY Slip Op 04667, at the official text

failed to advise defendant prior to his waiver of the potential period of incarceration that could be imposed for an enhanced sentence

2026 NY Slip Op 04667, at the official text

the enhanced sentence is unduly harsh and severe in light of the nature of the crime, defendant's age, and his minimal criminal history

2026 NY Slip Op 04667, at the official text