People v. Kostka

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Dachenhausen, J., at plea; Perone, J., at sentencing), *635rendered May 22, 1998, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings in accordance herewith.

In 1976 the defendant pleaded guilty to burglary in the second degree. A sentencing hearing was…