People v. Caza

When defendant pleaded guilty to two counts of attempted forgery in the second degree, County Court made a conditional promise to run the terms of imprisonment concurrently. At sentencing, however, the court incorrectly stated that it had made no commitments regarding sentencing. Rather than correct the court’s misconception, the People and defense counsel agreed with the court’s erroneous statement that no commitment had been made. On appeal, defendant’s sole argument is that the court erred by departing from its conditional promise. While that argument is unpreserved, we should exercise our…