People v. Rivera

OPINION OF THE COURT

Shirley R. Levittan, J.

On November 13,1984, defendant pleaded guilty to the crime of robbery in the second degree (Penal Law § 160.10). At the time of his plea it was promised that if defendant was found to be a second violent felony offender (Penal Law § 70.04), he would receive a sentence of 6 to 12 years in prison. On the other hand, if defendant was found by the court to be a persistent violent felony offender (Penal Law § 70.08), he would receive a sentence of six years to life in prison.

The People have filed a statement alleging defendant to be a persistent violent…