People v. McCloskey

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for further proceedings in accordance with the following Memorandum: Defendant entered a plea of guilty to attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [1]) and another crime with the understanding that he would be sentenced as a second felony offender to an indeterminate term of imprisonment with *984a maximum of three years and a minimum of IV2 years. At sentencing, County Court imposed the agreed-upon sentence and further ordered defendant to pay restitution in the…