People v. Ramos

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the case remitted to the Appellate Division, First Department, for a determination of the facts (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d]).

Defendant pleaded guilty to the crime of robbery in the first degree in full satisfaction of a multicount indictment *642charging him and others with the crimes of kidnapping, burglary, robbery, attempted grand larceny, reckless endangerment and criminal possession of a weapon. At the sentencing proceeding defense counsel informed the court that defendant…