Opinion
February 16, 1999
Appeal from the Supreme Court, Queens County (Browne, J.).
Ordered that the matter is remitted to the Supreme Court, Queens County, before a different Justice, for further proceedings consistent herewith; the appeal is held in abeyance in the interim.
The defendant claims that his plea, entered into at the close of evidence, was coerced because the court advised his attorney that if the defendant continued with the trial he would receive a jail sentence, but that if he pleaded guilty to the top count of the indictment he would be sentenced to probation and would receive a certificate of relief from civil disabilities. The defendant's allegations are sufficient to raise an issue as to the voluntariness of his plea which should be resolved at a hearing ( see, People v. McCoy, 41 A.D.2d 743). However, we reject the defendant's contention that he was coerced into pleading guilty by the court's denial of his request for an entrapment charge.
Joy, J. P., Altman, Krausman and Goldstein, JJ., concur.