Unanimously reversed, on the law, the plea and the sentence vacated, and the case remanded for further proceedings.
The plea and sentence hereby vacated resulted from agreement by defendant, his counsel, the prosecutor, and the court, that defendant's indictment for an actual sale, an A-I felony (Penal Law, § 220.43), be disposed of in that manner. All four were of the mistaken belief that the attempt would constitute an A-II felony, which would have permitted...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
