People v. Gendron

Adjudication insofar as it imposes sentence unanimously reversed, sentence vacated and matter remitted to County Court, Onondaga County, for further proceedings in accordance with the following memorandum: With commendable candor in this case, the District Attorney acknowledges that the sentencing court should have permitted defendant to withdraw his guilty plea. The record demonstrates that defendant’s plea of guilty of burglary in the third degree was entered upon the understanding that he would be adjudicated a youthful offender and would be placed on probation. Without affording defendant…