People v. Smith

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered June 22, 1999, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, the plea of guilty is vacated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

We agree with the defendant that he should be permitted to withdraw his plea because “[t]he record demonstrates that the…