People v. Fields

— Judgment unanimously modified, on the law, to vacate sentence and, as modified, affirmed and defendant remanded to Supreme Court, Erie County, for resentencing, in accordance with the following memorandum: Defendant entered a plea of guilty to burglary in the third degree in exchange for a promise that he would not be sentenced as a persistent felony offender. Although the People advised that they would file a second felony offender statement, it does not appear that one was filed. When defendant appeared for sentence, the court did not refer to his status as a predicate felon or afford him…