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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