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PEOPLE v. COLON

282 A.D.2d 332 (2001)

723 N.Y.S.2d 364

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS COLON, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 19, 2001.

The parties were under the mistaken impression that defendant was pleading guilty to a class A-II felony, when, in fact, he pleaded guilty to a class A-I felony. In order to effectuate the clear purpose and intent of the plea agreement, defendant's conviction should be modified to the extent indicated (People v Labode, 280 A.D.2d 400). However, defendant is not entitled to vacatur of his plea (id.; People v Monereau,

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