Opinion
November 28, 1988
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment rendered on indictment No. 1786/84 is modified by reducing the sentence imposed thereon to an indeterminate term of 1 3/4 to 3 1/2 years' imprisonment; as so modified that judgment is affirmed; and it is further,
Ordered that the judgment rendered on indictment No. 4380/84 is modified by deleting the provision that the sentence imposed thereunder shall run consecutively to that imposed on indictment No. 1786/84 and substituting therefor a provision that the sentence shall run concurrently; as so modified that judgment is affirmed.
The transcript of the minutes of the proceedings at which the defendant entered his guilty pleas do not indicate that the defendant was told, nor can it be implied therefrom that he understood, that if he failed to appear on the date scheduled for sentencing or was arrested for a subsequent offense, the court could impose a harsher sentence than the concurrent indeterminate terms of imprisonment promised to him in consideration of his guilty pleas. Even though the defendant failed to appear for sentencing and was subsequently arrested for a misdemeanor, the sentencing court could not impose sentences greater than the ones bargained for without first affording defendant an opportunity to withdraw the pleas and stand trial (see, People v. Cook, 130 A.D.2d 503; People v. Annunziata, 105 A.D.2d 709). Since the indictments under which the prosecutions arose are now more than four years old, it would prejudice the People to allow the defendant to withdraw his pleas and go to trial. Accordingly, the sentence imposed under indictment No. 4380/84 should be reduced to conform with the plea agreement, as requested in the defendant's brief on appeal (People v Annunziata, 105 A.D.2d 709, supra).
We have reviewed defendant's other contention and find it to be without merit. Thompson, J.P., Lawrence, Rubin, Harwood and Balletta, JJ., concur.