Sandler and Sullivan, JJ., dissent in the following memorandum by Sullivan, J.:
At the time of his plea to the indictment, which charged burglary in the third degree and petit larceny, defendant was given an unconditional promise of a sentence of 60 days' imprisonment, coupled with a term of probation of 4 years and 10 months. (Penal Law, § 60.01, subd 2.) In making the promise, the plea-taking court was aware of the pendency of another indictment charging defendant...
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