Opinion
April 26, 1991
Appeal from the Livingston County Court, Cicoria, J.
Present — Callahan, J.P., Doerr, Green, Balio and Lowery, JJ.
Judgment unanimously reversed on the law, plea vacated and matter remitted to Livingston County Court for further proceedings on the indictment. Memorandum: At sentencing, defendant's application to withdraw his guilty plea was summarily denied by the court. It was error for the court to deny defendant's motion without affording him an opportunity to state his reasons (see, People v. Tinsley, 35 N.Y.2d 926, 927; People v Carter, 144 A.D.2d 1034). Because the error mandates reversal of the judgment, we find it unnecessary to decide the other issue raised by defendant.