People v. Esposito

Memorandum. The order is reversed and the case remitted to Supreme Court, New York County, with a direction to resentence defendant to a term of four years. Under the circumstances found herein, it was erroneous as a matter of law when, upon defendant’s sentencing, the court did not inform the defendant that the plea-bargaining agreement could not be kept. The court had an obligation to so advise the defendant. (Cf. People v. Granello, 18 N Y 2d 823; People v. Farina, 2 N Y 2d 454-455.) Nor did the failure of the defendant to remind the court of the agreement that was struck spell out any…