Judgment modified, on the law, by vacating the sentence. As so modified, judgment affirmed and case remitted to Criminal Term for further proceedings in accordance herewith.
The record reveals that at the sentence defendant was not afforded the opportunity to withdraw his plea when it was apparent that the sentence promise would not be fulfilled. While the lapse is understandable on the facts in this case, "It is a basis principle of our law that `a guilty plea induced...
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