PEOPLE v. GWYNN


201 A.D.2d 501 (1994)

609 N.Y.S.2d 797

The People of the State of New York, Respondent, v. Deborah Gwynn, Appellant

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

February 7, 1994


Ordered that the judgment is affirmed.

The defendant contends that the County Court erred by not affording her an opportunity to withdraw her plea of guilty before imposing a harsher sentence than that originally negotiated in the plea agreement. We disagree.

The court clearly conditioned the promised sentence on the defendant's appearance on the date scheduled for sentencing. Because the defendant failed to appear on the scheduled date, the court was no longer...

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