PEOPLE v. RUTIGLIANO


278 A.D.2d 258 (2000)

717 N.Y.S.2d 295

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL RUTIGLIANO, Appellant.

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

Decided December 4, 2000.


Ordered that the order is reversed, on the law, the sentence is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.

The defendant contends that the Supreme Court erred in imposing an enhanced sentence because he was slightly late in appearing at his original sentencing proceeding on May 18, 1998. We agree. The record of the defendant's plea proceeding does not substantiate the People's assertion that...

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