People v. Jackson

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Livingston County Court for further proceedings in accordance with the following Memorandum: During the course of plea negotiations, defendant agreed to enter a plea of guilty to burglary in the second degree (Penal Law § 140.25 [1] [a]) in return for which he would be sentenced as a second felony offender to an indeterminate term of imprisonment with a maximum of 8 years and a minimum of 4 years. At the time of sentencing, in the absence of any application by the People and without a hearing, the…