People v. Bouyea

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by reinstating defendant’s sentence as a second felony offender and remitting to the Appellate Division for a review of the sentence in the interests of justice.

The record discloses that, in the presence of counsel and before the sentencing court, defendant admitted the existence, nature and time of his prior felony conviction, as well as the length and location of the prior sentence he served. Moreover, defendant informed the court that he understood and intended to accept the plea agreement on the present…