People v. Cabeza

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lagaña, J.), rendered June 4, 1984, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.

The defendant pleaded guilty to rape in the first degree pursuant to a negotiated plea bargain and was promised a sentence of from 5 to 15 years’ imprisonment pending the court’s review…