Opinion
July 13, 1987
Appeal from the Supreme Court, Kings County (Moskowitz, J.).
Ordered that the amended judgment is reversed, on the law, the plea of guilty is vacated and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.
The record demonstrates that prior to the entry of the defendant's plea of guilty, the court promised that it would recommend that its sentence run concurrently with a term of imprisonment imposed on the defendant for a violation of parole. However, that promise was unfulfilled, inasmuch as the court lacked the power to fulfill it, and imposed its sentence to run consecutively to the time owed by the defendant for the parole violation. Under these circumstances, the defendant was entitled to withdraw his plea, and his motion to do so should have been granted (see, People v. Torres, 45 N.Y.2d 751; People v Selikoff, 35 N.Y.2d 227, cert denied 419 U.S. 1122; People v Declemente, 108 A.D.2d 868).
In view of our determination, we do not address the defendant's remaining contention. Mangano, J.P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.