People v. Smith

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered February 9, 1998, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.

In satisfaction of a two-count indictment, defendant pleaded guilty to the crime of attempted assault in the second degree. In accordance with the plea agreement, defendant was sentenced to a determinate sentence of 3 years’ imprisonment under the mistaken belief that he was a second violent felony offender. Upon discovering the mistake, the sentence was vacated and defendant was resentenced…