People v. DeCastro

Appeal by the People, as limited by their brief, from a sentence of the County Court, Rockland County (Resnik, J.), rendered May 17, 2005, imposed upon the conviction of the defendant of criminal possession of a controlled substance in the third degree, upon his plea of guilty, the sentence being a determinate term of imprisonment of three and one-half years.

Ordered that the sentence is reversed, on the law, and the matter is remitted to the County Court, Rockland County, for further proceedings in accordance herewith.

The bargained-for determinate sentence of three and one-half years’…