Kisloff v. Covington

OPINION OF THE COURT

Alexander, J.

On this appeal, we are again confronted with the issue of a court’s inherent power to vacate an illegally imposed plea and sentence once the criminal proceeding has terminated by the entry of judgment.

Pursuant to a plea bargain struck between his attorney and the People, the defendant who, along with a codefendant,1 had been indicted for the crimes of robbery, second degree (Penal Law § 160.10) (two counts), assault, second degree (Penal Law § 120.05), and grand larceny, third degree (Penal Law § 155.35), withdrew his not guilty plea and entered a plea of…