People v. Webster

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered November 20, 1992, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.

In return for his plea of guilty of the crime of burglary in the third degree, County Court promised defendant that it would sentence him as a second felony offender to a term of 2 to 4 years provided he appeared for sentencing. If he did not, the court advised defendant that it would impose the maximum sentence of 3 Vi to 7 years. Defendant acknowledged that he understood the condition. Nevertheless, he…