Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: Defendant appeals from a judgment convicting him, on his plea of guilty, of assault in the second degree, for which he was sentenced as a predicate felon to a term of two to four years' incarceration. Defendant contends that he was denied the benefit of his plea bargain by circumstances arising...
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