Leer-Greenberg ex. rel. Morris v. Massaro

OPINION OF THE COURT

Memorandum. '

The judgment of the Appellate Division should be reversed, without costs, and the petition dismissed.

The CPLR article 78 prohibition proceeding sought (1) to bar respondent Trial Justice from sua sponte vacating defendant Morris’s guilty plea, and (2) to compel the Trial Justice to impose the promised sentence on a misdemeanor conviction based on the plea.

Defendant was indicted in December 1993 on a class D felony count of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), and a class A misdemeanor count of criminal possession of a…