People v. Sokolowski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*703The 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 he were to be arrested on another charge, the County Court might impose a sentence more severe than that to which he had agreed at the time of his plea of guilty. Therefore, an enhanced sentence should not have been imposed without affording the defendant an opportunity to withdraw his plea (see People v Newson, 81 AD3d 984, 985 [2011]; People v…
2Cases cited5 opinions
- People v. MuhammadAppellate Division of the Supreme Court of the State of New York · 2008
- People v. McKinneyAppellate Division of the Supreme Court of the State of New York · 1995
- People v. NewsonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. StewartAppellate Division of the Supreme Court of the State of New York · 2006
- People v. RuizAppellate Division of the Supreme Court of the State of New York · 2003