People v Vasquez

People v Vasquez 2009 NY Slip Op 07672 [66 AD3d 577] October 27, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

The People of the State of New York, Respondent,
v
Manuel Vasquez, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), for respondent.

Judgments, Supreme Court, New York County (William A. Wetzel, J.), rendered September 29, 2008, convicting defendant, upon his pleas of guilty, of attempted burglary in the first degree and grand larceny in the fourth degree, and sentencing him to an aggregate term of 3½ years, unanimously reversed, on the law, the plea vacated and the matter remanded for further proceedings.

Defendant entered his guilty pleas in consideration of a promise that he would receive a sentence to run concurrently with the sentence to be imposed for his conspiracy convictions under another indictment. As the People concede, since those convictions have been set aside, defendant is entitled to withdraw his pleas (see People v Rowland, 8 NY3d 342 [2007]). Concur—Mazzarelli, J.P., Andrias, Moskowitz, Renwick and Richter, JJ.