People v. Ortiz

Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Coffinas, J.), rendered March 7, 1984, upon his conviction for attempted burglary in the second degree, on his plea of guilty.

Sentence reversed, on the law, and matter remitted to Criminal Term for resentencing.

During the plea proceedings, the court promised to sentence defendant to an indeterminate term of 2Vz to 5 years’ imprisonment in exchange for his guilty plea to the crime of attempted burglary in the second degree. The court repeated the terms of the promise at the outset of the sentence…