People v. White
| Decision Date | 28 November 1988 |
| Citation | 535 N.Y.S.2d 72,144 A.D.2d 711 |
| Parties | The PEOPLE, etc., Respondent, v. Mark WHITE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Gary C. Dileonardo, Forest Hills, for appellant.
John J. Santucci, Dist. Atty., Kew Gardens (Michael O'Brien, of counsel, James Briody, on brief), for respondent.
Before THOMPSON, J.P., and LAWRENCE, RUBIN, HARWOOD and BALLETTA, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from two judgments of the Supreme Court, Queens County (Rotker, J.), both rendered July 18, 1985, convicting him of attempted criminal possession of stolen property in the first degree under Indictment No. 1786/84, upon his plea of guilty, and sentencing him to an indeterminate term of 2 to 4 years' imprisonment, and convicting him of attempted burglary in the third degree under Indictment No. 4380/84, upon his plea of guilty, and sentencing him to an indeterminate term of 1 1/2 to 3 years' imprisonment to run consecutively to the sentence imposed on Indictment No. 1786/84.
ORDERED that the judgment rendered on Indictment No. 1786/84 is modified by reducing the sentence imposed thereon to an indeterminate term of 1 3/4 to 3 1/2 years' imprisonment; as so modified that judgment is affirmed; and it is further,
ORDERED that the judgment rendered on Indictment No. 4380/84 is modified by deleting the provision that the sentence imposed thereunder shall run consecutively to that imposed on Indictment No. 1786/84 and substituting therefor a provision that the sentence shall run concurrently; as so modified that judgment is affirmed.
The transcript of the minutes of the proceedings at which the defendant entered his guilty pleas do 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 or was arrested for a subsequent offense, the court could impose a harsher sentence than the concurrent indeterminate terms of imprisonment promised to him in consideration of his guilty pleas. Even though the defendant failed to appear for sentencing and was subsequently arrested for a misdemeanor, the sentencing court could not impose sentences greater than the ones bargained for without first affording defendant an opportunity to withdraw the pleas and stand trial (see, People v. Cook, 130 A.D.2d 503, 515 N.Y.S.2d 84; People v. Annunziata, 105 A.D.2d 709, 481 N.Y.S.2d 148). Since the indictments under which the prosecutions...
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