People v. Ruiz

—Appeal by the defendant from a judgment of the County Court, Westchester County (Rosato, J.), rendered February 10, 1999, convicting him of burglary in the second degree, upon his plea of guilty, and sentencing him to a determinate term of seven years imprisonment.

Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by reducing the term of imprisonment imposed from seven years to five years; as so modified, the judgment is affirmed.

During the plea proceedings, the defendant, the People, and the County Court were under the mistaken…