PEOPLE v. KOSTKA


292 A.D.2d 634 (2002)

741 N.Y.S.2d 53

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL KOSTKA, Appellant.

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

Decided March 25, 2002.


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 Supreme Court, Westchester County, for further proceedings in accordance herewith.

In 1976 the defendant pleaded guilty to burglary in the second degree. A sentencing hearing was scheduled for early 1977, but the defendant failed to appear on the sentencing date, and was not apprehended until 1998. At the...

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