People v. Kelly

—Judgment insofar as it imposes sentence unanimously reversed on the law and matter remitted to Monroe County Court for further proceedings in accordance with the following Memorandum: On a prior appeal, this Court concluded that County Court erred in declining to permit defendant to withdraw his guilty plea to one count of rape in the first degree. We vacated the sentence and remitted the matter for the court to provide defendant and the People the opportunity to move to vacate the plea and set aside the conviction in its entirety, or if they declined so to move, to resentence defendant as a…