People v. Johnson

Judgment, Supreme Court, New York County, rendered March 13, 1973, convicting defendant upon his plea of guilty of attempted manslaughter in the second degree, and sentencing him to an indeterminate term of imprisonment not to exceed three years, unanimously reversed, on the law, and the matter remanded for resentence in accordance with the original sentence promise of probation. Defendant’s plea of guilty was entered upon the court’s promise to impose a sentence of probation. Accordingly, although the defendant initially failed to appear for sentencing and had to be apprehended in order to…