People v. Shabazz

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: Defendant appeals from a judgment convicting him, on his plea of guilty, of assault in the second degree, for which he was sentenced as a predicate felon to a term of two to four years’ incarceration. Defendant contends that he was denied the benefit of his plea bargain by circumstances arising subsequent to his conviction. The record establishes that the plea was induced by the promise that defendant’s sentence…