Citation Numbers: 175 A.D.2d 671, 572 N.Y.S.2d 271, 1991 N.Y. App. Div. LEXIS 10241
Filed Date: 7/12/1991
Status: Precedential
Modified Date: 10/31/2024
— Judgment unanimously modified on the law, and as modified affirmed and matter remitted to Onondaga County Court for further proceedings, in accordance with the following Memorandum: 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