People v. Fuller

Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered January 31, 1985, convicting him of attempted assault in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the amended judgment is reversed, on the law, the plea of guilty is vacated and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The record demonstrates that prior to the entry of the defendant’s plea of guilty, the court promised that it would recommend that its sentence run concurrently with a…