People v. Gonzalez

Judgment, Supreme Court, New York County (Robert M. Haft, J.), rendered May 13, 1983, convicting defendant, on a plea of guilty, of criminal sale of a controlled substance in the fifth degree and sentencing him as a *623second felony offender to an indeterminate term of 2 to 4 years’ imprisonment, unanimously modified, on the law, the facts and in the exercise of discretion, to reverse and vacate the sentence and remand for a predicate felony hearing, with a direction that new counsel be assigned.

Defendant entered his negotiated plea on February 3,1983, at which time the court stated the…