People v. Cole

Judgment unanimously affirmed. Memorandum: Defendant pleaded guilty to attempted murder in the second degree in full satisfaction of the indictment, in return for an agreed upon sentence of 3 to 9 years, to run concurrent with a sentence of 1 to 3 years under a separate indictment. County Court agreed to release defendant on his own recognizance pending sentencing upon the condition that defendant appear for sentencing on the scheduled date.

The record establishes that the court clearly and unambiguously informed defendant that, if he failed to appear for sentencing, the court would not be…