PEOPLE v. HODGE


207 A.D.2d 845 (1994)

616 N.Y.S.2d 978

The People of the State of New York, Respondent, v. Gerald Hodge, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 19, 1994


Ordered that the sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, to give the defendant the opportunity to withdraw his guilty plea.

The transcript of the defendant's plea proceeding does not indicate that the defendant was told that if he failed to appear for sentencing the court could impose a harsher sentence than the one that was promised. Accordingly, even though the defendant failed to appear for sentencing, the...

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