People v. Miles

Carro, J. (dissenting).

George Miles, with the intent to forcibly rob, was present and stood by as his codefendant fatally stabbed the victim 13 times. On June 3,1981, when appellant was sentenced, the codefendant had not yet been sentenced, but the court was under the mistaken impression that the codefendant had received an 8% to 25 year term. Proceeding on the information before *779it, the court imposed the same sentence on appellant, pursuant to a plea bargain. The subsequent CPL 440.20 motion, however, brought material facts to the court’s attention which both corrected erroneous statements…