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People v. Adams

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 750 (N.Y. App. Div. 1991)

Opinion

March 11, 1991

Appeal from the County Court, Westchester County (Cowhey, J.).


Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to County Court, Westchester County, for further proceedings consistent herewith.

Our review of the minutes of the plea proceedings reveals that nowhere was it stated on the record that if the defendant were to be adjudicated a second felony offender the sentence would be other than that promised. At sentencing, the defendant should have been given an opportunity either to withdraw his plea or to accept the greater sentence (see, People v Lopez, 135 A.D.2d 739, 739-740). Since he was not afforded this opportunity, we now vacate the sentence and remit the matter for that purpose. Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. Adams

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 750 (N.Y. App. Div. 1991)
Case details for

People v. Adams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH ADAMS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 11, 1991

Citations

171 A.D.2d 750 (N.Y. App. Div. 1991)