People v. Ward

Judgment, Supreme Court, New York County, rendered September 26, 1973, convicting defendant, on his plea of guilty, of robbery in the second degree, and sentencing him to an indeterminate prison term not exceeding four years, unanimously reversed, on the law, on the facts and as a matter of discretion in the interest of justice, insofar as it imposes sentence, and the case remanded for resentencing, and otherwise affirmed. At the time defendant entered his guilty plea he was told by the court, inter alla, that (a) he would be permitted to withdraw the same if a sentence exceeding four years…