People v. Boutureira

Sandler and Sullivan, JJ.,

dissent in the following memorandum by Sullivan, J.: At the time of his plea to the indictment, which charged burglary in the third degree and petit larceny, defendant was given an unconditional promise of a sentence of 60 days’ imprisonment, coupled with a term of probation of 4 years and 10 months. (Penal Law, § 60.01, subd 2.) In making the promise, the plea-taking court was aware of the pendency of another indictment charging defendant with manslaughter in the first degree and other offenses in an unrelated matter, involving a well-publicized incident in…