People v. Wheeler

— Appeal by defendant from a judgment of the County Court, Orange County (Ingrassia, J.), rendered July 7, 1980, upon resentence, convicting him of burglary in the third degree, upon a plea of guilty, and imposing sentence. Judgment upon resentence reversed, as a matter of discretion in the interest of justice, and case remanded to the County Court, Orange County, for proceedings consistent herewith. Prior to the court’s accepting the defendant’s guilty plea, the prosecutor pointed out that the defendant was a second felony offender and recommended that the sentence run concurrently with any…