People v. Clemons

— Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 5, 1977, convicting him of grand larceny in the third degree, on his plea of guilty, and sentencing him as a second felony offender to a term of imprisonment with a minimum of two years and a maximum of four years. Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed and case remitted to Criminal Term for further proceedings in accordance herewith. The record reveals that at the sentence defendant was not afforded the opportunity to withdraw his plea when it was…