People v. Scrivens
| Decision Date | 12 July 1991 |
| Citation | 175 A.D.2d 671,572 N.Y.S.2d 271 |
| Parties | PEOPLE of the State of New York, Respondent, v. Curtis SCRIVENS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Gerald T. Barth, Syracuse, for appellant.
Robert E. Wildridge by James Maxwell, Syracuse, for respondent.
Before DILLON, P.J., and DOERR, DENMAN, LAWTON and DAVIS, JJ.
Defendant entered into a plea bargain pursuant to which he pled guilty to a Superior Court Information that charged him with attempted burglary in the second degree in exchange for a promised sentence of an indeterminate term of two to four years. The record of the plea proceedings does not indicate that defendant was told, nor can it be implied from the record that he understood, that the promised sentence was conditioned upon his appearance on the date originally scheduled for sentencing, and that, if he failed to appear as scheduled, the court could impose a greater sentence than promised as part of the plea agreement. "It is fundamental that the sentencing court may not impose a sentence greater than the one bargained for without first affording defendant the opportunity to withdraw the guilty plea and stand trial" (People v. Annunziata, 105 A.D.2d 709, 481 N.Y.S.2d 148; see also, People v. Outlaw, 157 A.D.2d 677, 549 N.Y.S.2d 778; People v. White, 144 A.D.2d 711, 535 N.Y.S.2d 72). Accordingly, we vacate the sentence and remit the matter to the sentencing court either to impose the sentence promised as part of the plea agreement or to afford defendant the opportunity to withdraw his guilty plea.
Judgment unanimously modified on the law, and as modified affirmed and matter remitted to Onondaga County Court for further proceedings.
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...withdraw his guilty plea or to submit to whatever sentence the court, in its discretion, wished to impose (see, e.g., People v. Scrivens, 175 A.D.2d 671, 572 N.Y.S.2d 271; People v. Outlaw, supra; People v. White, 144 A.D.2d 711, 535 N.Y.S.2d 72; People v. Sumner, 137 A.D.2d 891, 524 N.Y.S.......
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