People v. Rodriguez

— Appeal unanimously dismissed. Memorandum: After defendant was indicted on nine counts of drug-related activity, the court, with the People’s agreement, accepted defendant’s plea to attempted first degree criminal sale of a controlled substance in exchange for the promise of a sentence of three years to life. The parties and the court mistakenly assumed that first degree attempted criminal sale is an A-II felony. In fact, it is an A-I felony carrying a minimum sentence of 15 years to life. After the mistake was discovered but before sentencing, defendant was permitted to withdraw his plea to…