People v. Barry

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered December 28, 1987, convicting defendant, upon his guilty plea, of burglary in the third degree and sentencing him, as a predicate felony offender, to an indeterminate prison term of from 3 to 6 years, is unanimously affirmed.

The defendant entered a theatre and stole a typewriter. The court promised the defendant a sentence of no more than one year if he had no out-of-State record. Subsequently, it was determined that the defendant had prior felony convictions, and the court withdrew its conditional promise of no more than…