People v. Smith

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered January 20, 1994, convicting defendant, upon his plea of guilty, of two counts of burglary in the third degree, and sentencing him, as a second felony offender, to consecutive terms of 2 to 4 years, unanimously affirmed.

The sentencing court properly refused to allow defendant to withdraw his plea of guilty. Although the plea was induced by a promise of a sentence that was illegal, i.e., too lenient, for a second felony offender, defendant’s status as-such was unknown to the court at the time it accepted the plea only…