People v. Brothers

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered July 12, 2004, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, to afford the defendant an opportunity to withdraw his plea of guilty.

The defendant pleaded guilty with the understanding that he would be sentenced to an indeterminate term of 472 to 9 years imprisonment. The transcript of the plea proceeding…