PEOPLE v. CURCIO


276 A.D.2d 639 (2000)

714 N.Y.S.2d 512

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTIAN CURCIO, Appellant.

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

Decided October 16, 2000.


Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for resentencing in accordance herewith.

The transcript of the defendant's plea proceeding does not indicate that the defendant was told, and it cannot be implied therefrom that he understood, that if he failed to appear for sentencing the County Court could impose a harsher sentence...

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