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.