People v. Bailey

— Judgment rendered September 19, 1973, in the Supreme Court, New York County, unanimously reversed, on the law, and the case is remanded for resentencing at which time the defendant should be afforded an opportunity to withdraw his plea of guilty unless the court determines that the sentence imposed shall not exceed one year. The sentence imposed was not excessive in light of what occurred but, for the reason stated below, the case is remanded. It fairly appears from the colloquy which occurred on May 10, 1972, at the time of defendant’s entering the guilty plea, that there was an…