People v. Ortiz

Judgments, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 8, 2012, as amended May 15, 2012, convicting defendant, upon his pleas of guilty, of two counts of burglary in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 7V2 years, unanimously reversed, on the law, the pleas vacated, and the matter remanded for further proceedings.

The preservation requirement for challenges to guilty pleas does not apply in this “rare case” where “defendant’s factual recitation negate [d] an essential element of the crime pleaded to” and the…