At the time of the taking of the plea, the court was of the impression that defendant's prior felony conviction was for a violent felony. Accordingly, it promised to impose a sentence of two and one-half to five years, the minimum permissible for a class D second violent felony offender (Penal Law, § 70.04, subd 3, par [c]; subd 4). In fact, defendant's prior felony conviction had been for a felony and not for a violent felony. At the time of sentence, the sentencing...
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