People v. Gray

Appeal from a judgment of the County Court of *822Albany County (Herrick, J.), rendered September 6, 2002, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.

In July 2002, defendant pleaded guilty to a superior court information charging him with robbery in the second degree and agreed to a sentence of between 8 and 10 years’ imprisonment. County Court ultimately sentenced defendant to a term of EP/s years’ imprisonment. Throughout the proceedings, County Court and defense counsel both noted that defendant was not a predicate felony offender, contrary to a…