Opinion
May 28, 1996
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgments are reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.
The transcript of the defendant's plea proceeding does not indicate that the defendant was told that if he failed to appear for sentencing the court could impose harsher sentences than the ones that were promised. Accordingly, even though the defendant failed to appear for sentencing, the court could not impose sentences greater than those for which the defendant had bargained without first affording him an opportunity to withdraw his pleas and stand trial ( see, People v. Hodge, 207 A.D.2d 845; People v. Elliot, 204 A.D.2d 565; People v. Rosa, 194 A.D.2d 755; People v. Argil C., 190 A.D.2d 856, 857).
In light of the above determination, the defendant's remaining contentions need not be addressed. Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.