The defendant entered a theatre and stole a typewriter. The court promised the defendant a sentence of no more than one year if he had no out-of-State record. Subsequently, it was determined that the defendant had prior felony convictions, and the court withdrew its conditional promise of no more than one year.
The sentencing court imposed a sentence within the limits for the crime committed (Penal Law § 70.06 [3] [d]). Moreover, the court considered the conditional...
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