People ex rel. Proctor v. Henderson

Judgment unanimously affirmed without prejudice to relator instituting a CPL 440.20 proceeding in New York County. Memorandum: In April, 1977 relator entered a plea of guilty to two Class D felonies. The court promised a sentence of 0 to 3 years on each plea, to run concurrently. At the time of sentencing it erroneously appeared that relator had a prior Federal felony conviction which caused the court to withdraw its promised sentence and a withdrawal of the previously entered pleas. Subsequently relator again entered guilty pleas and was sentenced as a second felony offender, an error later…