People v. Neer

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered April 29, 2002, convicting defendant upon his plea of guilty of the crime of rape in the third degree.

Defendant waived indictment and pleaded guilty to rape in the third degree as charged in a superior court information. At the time that defendant entered the plea, County Court indicated that it would sentence defendant to six months in jail, to be followed by 10 years’ probation. After receipt of the presentence investigation report, however, County Court informed the parties that it could not adhere to the…