People v. Moran

OPINION OF THE COURT

John R Starkey, J.

On July 23, 1981, defendant was convicted, after pleading guilty to the entire indictment, of attempted burglary in the second degree, criminal mischief in the fourth degree, and possession of burglar’s tools. At the time the plea was accepted, the court promised to sentence the defendant, after arraigning him as a second felony offender (Penal Law, § 70.06), to a term of imprisonment of two to four years, and, although advised of the fact that the defendant’s record included several felony convictions, further promised not to sentence the defendant as a…