People v. Knox

— Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered November 19, 2007, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.

*800Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Dutchess County, for resentencing in accordance herewith.

Contrary to his contention, the defendant pleaded guilty to robbery in the third degree with a promised…