Opinion
September 19, 1994
Appeal from the Supreme Court, Kings County (Delury, J.).
Ordered that the sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, to give the defendant the opportunity to withdraw his guilty plea.
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 a harsher sentence than the one that was promised. Accordingly, even though the defendant failed to appear for sentencing, the court could not impose a sentence greater than that for which he had bargained without first affording the defendant an opportunity to withdraw his plea and stand trial (see, People v. Elliot, 204 A.D.2d 565; People v Moreno, 196 A.D.2d 850; People v. Annunziata, 105 A.D.2d 709).
The defendant's remaining contention is without merit (cf., People v. Sanchez, 65 N.Y.2d 436, 444). Mangano, P.J., Thompson, Pizzuto, Joy and Florio, JJ., concur.