Judgment modified, on the law and as a matter of discretion in the interest of justice, by vacating the sentence imposed thereon. As so modified, judgment affirmed and matter remitted to the Supreme Court, Kings County, for resentencing, at which proceeding new counsel shall be appointed to represent defendant.
On the day of sentencing, defendant's counsel, who was then "on trial" elsewhere, was in telephonic communication with the court. Nevertheless, defendant in effect had to proceed pro se on his application to withdraw his guilty plea made at the time of sentencing. Under these circumstances it was improper to impose sentence upon the defendant in the absence of his counsel (cf. People v Hannigan, 7 N.Y.2d 317; People v Boyd, 22 N.Y.2d 707; People v Perez, 63 A.D.2d 911). Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.