PEOPLE v. NEWSON

2008-04894.

81 A.D.3d 984 (2011)

917 N.Y.S.2d 202

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TAKIM NEWSON, Appellant.

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

Decided February 22, 2011.


Ordered that the judgment is reversed, on the law, the sentence is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

The Supreme Court imposed an enhanced sentence based on the fact that the defendant was arrested on unrelated charges after the plea proceeding. However, the minutes of the plea proceeding do not indicate that the defendant was told, nor can it be inferred that he understood, that if...

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