People v. Ortiz

The defendant pleaded guilty to attempted criminal sale of a controlled substance in the first degree, a class A-I felony (see Penal Law § 110.05 [1]; § 220.43), with the understanding that he would receive a sentence of five years to life. However, a sentence of an indeterminate term of imprisonment of five years to life constitutes an illegally low sentence for a class A-I felony (see Penal Law § 70.00 [3] [a] [i]). Apparently, the parties and the court were under the mistaken impression that the crime of attempted criminal sale of a controlled substance in the first degree was a class A-II…