People v. Powell

Appeal by defendant from a judgment of the County Court, Rockland County (Edelstein, J.), rendered March 24,1983, convicting him of grand larceny in the third degree, upon a plea of guilty, and sentencing him, as a second felony offender, to an indeterminate prison term of IV2 to 3 years.

Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed and matter remitted to the County Court, Rockland County, for further proceedings consistent herewith.

Defendant pleaded guilty to grand larceny in the third degree in reliance upon the court’s firm promise of a sentence…