Opinion
August 10, 1998
Appeal from the Supreme Court, Kings County (McBrien, J.).
Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing; and it is further,
Ordered that the appeal from the order is dismissed as academic.
It was error for the Supreme Court to impose an enhanced sentence upon the defendant without placing its reasons for departing from the sentencing agreement on the record to ensure effective appellate review (see, People v. Schultz, 73 N.Y.2d 757; People v. Brown, 207 A.D.2d 408). Although the People assert that the Supreme Court clarified in the defendant's subsequent CPL 440.20 motion that the sentence was enhanced due to the defendant's rearrest; the Supreme Court, in failing to state this reason at the time sentence was imposed, deprived the defendant of the opportunity to challenge the basis of he arrest (see, People v. Outley, 80 N.Y.2d 702). Accordingly, the matter must be remitted for resentencing.
In view of our determination to vacate the sentence, and because the defendant no longer seeks the alternative relief of vacatur of her plea, the appeal from the denial of her CPL 440.20 motion is dismissed as academic.
We do not reach the defendant's remaining contentions.
O'Brien, J. P., Ritter, Thompson and Goldstein, JJ., concur.