Citation Numbers: 32 A.D.2d 545
Filed Date: 4/14/1969
Status: Precedential
Modified Date: 1/12/2022
Judgment of the County Court, Nassau County, rendered May 22, 1968, affirmed. No opinion. Beldock, P. J., Munder, Martuscello and Kleinfeld, JJ., concur; Benjamin, J., dissents and votes to reverse the judgment and to vacate the plea of guilty, with the following memorandum: Before the trial court accepted defendant’s change of plea to one of guilty, it asked him whether he understood that under the plea he would be eligible to a sentence of one year in the Nassau County Jail. Defendant answered affirmatively. However, he was sentenced to a reformatory period not to exceed four years. He had not been informed by the court of the possibility of the