People v. Cook
| Decision Date | 04 May 1987 |
| Citation | 515 N.Y.S.2d 84,130 A.D.2d 503 |
| Parties | The PEOPLE, etc., Respondent, v. Anthony COOK, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Michael Colihan, Nesconset, for appellant.
John J. Santucci, Dist. Atty., Kew Gardens (Ellen Abbot, on the brief), for respondent.
Before THOMPSON, J.P., and LAWRENCE, RUBIN, KUNZEMAN and SULLIVAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Friedmann, J.), rendered March 14, 1985, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence of two to six years imprisonment.
ORDERED that the judgment is reversed, on the law, the defendant's motion to withdraw his guilty plea is granted, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.
The transcript of the minutes of the guilty plea proceeding does not indicate that the defendant was told nor can it be implied therefrom that he understood that if he failed to appear on the date scheduled for sentencing, the court could impose a harsher sentence than the one to three years imprisonment promised to him in consideration of his guilty plea. Accordingly, the defendant's motion to withdraw his guilty plea should have been granted (see, People v. Annunziata, 105 A.D.2d 709, 481 N.Y.S.2d 148; cf. People v. Davis, 106 A.D.2d 657, 483 N.Y.S.2d 119; People v. Gamble, 111 A.D.2d 869, 490 N.Y.S.2d 598; People v. Adams, 131 Misc.2d 308, 499 N.Y.S.2d 1007).
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