People v. McKane

Appeal by the defendant, by permission, from an order of the County Court, Orange County (Paño Z. Patsalos, J.), dated September 22, 1995, which, after a hearing, denied his motion pursuant to CPL article 440 to vacate a sentence of the same court imposed November 22, 1994.

Ordered that the order is reversed, on the law, the motion is granted, the sentence is vacated, and the matter is remitted to *504the County Court, Orange County, to give the defendant an opportunity to withdraw his plea of guilty.

At the plea proceeding, the prosecutor and the court agreed to an indeterminate sentence of one to…