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People v. Dollinger

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1993
196 A.D.2d 549 (N.Y. App. Div. 1993)

Opinion

August 9, 1993

Appeal from the County Court, Suffolk County (Weissman, J.).


Ordered that the judgment is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, to give the defendant an opportunity to withdraw his plea of guilty.

The transcript of the minutes of the defendant's plea of guilty does not indicate that the defendant was told, nor can it be implied therefrom, that if he failed to appear on the date scheduled for sentencing, the court could impose a harsher sentence than the promised six months imprisonment to run concurrent to, and as a condition of, five years probation. Thus, even though the defendant failed to appear for sentencing, the sentencing court could not impose a sentence greater than that bargained for without first affording the defendant an opportunity to withdraw the plea (see, People v Rosa, 194 A.D.2d 755; People v White, 144 A.D.2d 711). Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.


Summaries of

People v. Dollinger

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1993
196 A.D.2d 549 (N.Y. App. Div. 1993)
Case details for

People v. Dollinger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE DOLLINGER…

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

Date published: Aug 9, 1993

Citations

196 A.D.2d 549 (N.Y. App. Div. 1993)
600 N.Y.S.2d 767