People v. Allen

—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Wayne County Court for further proceedings in accordance with the following Memorandum: The People candidly concede that defendant’s conviction under count two of the indictment is illegal because defendant did not plead guilty to that count (see generally, People v Irwin, 166 AD2d 924). The People further concede that the sentence under count one should be vacated. In discussing with defendant whether he should withdraw his guilty plea under count one, the court incorrectly informed defendant that the…