People v. Mackley

Judgment unanimously reversed and matter remitted to Supreme Court, Monroe County, for further proceedings on the indictment. Memorandum: On his plea of guilty to five counts of sodomy in the *1055third degree, defendant was sentenced as a predicate felon to five consecutive terms of imprisonment with a minimum of two years and a maximum of four years. It is conceded that at the time of his plea on October 24, 1978 defendant was incorrectly advised that he faced a term of imprisonment with a minimum of 2 years and a maximum of 20 years because by law the minimum periods of imprisonment would merge…