People v. Cataldo

Memorandum. The order of the Appellate Division should be affirmed.

The record in this case clearly indicates that the court, in accepting defendant’s plea of guilty to a reduced charge, made the following promises as to sentence: (1) that if the Probation Department so recommended, the court would sentence defendant to the Narcotic Addiction Control Commission for a period of five years; (2) that if the Probation Department recommended a prison sentence, the court would sentence defendant to a term of imprisonment with a maximum term not to exceed five years; and (3) that if after reading the…