People v. Lewis

*823OPINION OF THE COURT

Michael L. Pesce, J.

In the motion before this court today, the defendant is contesting the District Attorney’s oral application to vacate his sentence and to resentence him as a second felony offender. The defendant was indicted by the Grand Jury and charged with burglary in the third degree, criminal mischief in the third degree, petit larceny and criminal possession of stolen property in the fifth degree.

The defendant pleaded guilty to burglary in the third degree, in exchange for which the court promised to impose a sentence of one year in jail. In keeping with that…