PEOPLE v. STEWART


32 A.D.3d 403 (2006)

820 N.Y.S.2d 606

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DECHANELLE STEWART, Appellant.

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

August 1, 2006.


Ordered that the judgment is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, to afford the defendant an opportunity to withdraw her plea of guilty.

The County Court imposed an enhanced sentence based on the fact that the defendant was arrested on unrelated charges after the plea proceeding. However, the transcript of the plea proceeding does not indicate that the defendant was told that, if she were to be arrested on another charge...

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