Judgment reversed as to the sentence, on the law and as a matter of discretion in the interest of justice, and case remitted to the Criminal Term for further proceedings in accordance with the views herein set forth.
The plea minutes of April 21, 1971 evidence an express promise by the trial court to sentence defendant to a term of not more than five years in the custody of the Narcotic Addiction Control Commission. When defendant appeared for sentencing on December...
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