People v. Gordon

Summary

The New York Supreme Court, Appellate Division, Third Department held that the trial court improperly imposed an enhanced sentence after the defendant failed to appear for sentencing because the Parker admonishment did not specifically warn that nonappearance could result in a greater sentence. The court vacated the sentence and remitted for the trial court either to impose the agreed-upon sentence or allow the defendant to withdraw his guilty plea.

Holdings

1. The Appellate Division exercised its interest-of-justice jurisdiction to review and correct the unpreserved sentencing error.
2. A sentencing court may not impose an enhanced sentence unless it specifically informs the defendant of the conditions that could trigger enhancement or gives the defendant an opportunity to withdraw the guilty plea before imposing the enhanced sentence. Because County Court did not specifically advise defendant that failure to appear for sentencing could result in a greater sentence, it erred by imposing the enhanced sentence without first offering plea withdrawal.

Questions Presented

1. Whether County Court could impose an enhanced sentence after defendant failed to appear for sentencing when the court's Parker admonishment did not specifically advise that failure to appear could result in a greater sentence.
2. Whether the unpreserved enhanced-sentence claim should be reviewed in the interest of justice.

Disposition

reversed_and_remanded