Opinion
March 23, 1987
Appeal from the Supreme Court, Kings County (Bonomo, J., Goldstein, J.).
Ordered that the judgments are affirmed.
Each of the defendants was charged, inter alia, in indictment No. 4358/81, with burglary in the first degree (Penal Law § 140.30), a class B violent felony offense (see, Penal Law § 70.02 [a]). In accordance with a negotiated plea agreement, the defendants were permitted to plead guilty to a single class E felony in full satisfaction of the various indictments and were promised sentences of probation. Prior to sentencing, the court granted the People's motion to vacate these pleas of guilty as unlawful pursuant to CPL 220.10 (5) (d) (ii), which provides that a plea of guilty in satisfaction of an indictment charging a class B violent felony offense must include at least a plea of guilty to a class D violent felony offense.
Since the acceptance of the pleas was erroneous as a matter of law, and sentence had not yet been imposed (see, People v Bartley, 47 N.Y.2d 965; cf., Matter of Campbell v. Pesce, 60 N.Y.2d 165), the pleas of guilty were properly vacated, and the pleas of not guilty reinstated as to all counts in the several indictments. Bracken, J.P., Rubin, Sullivan and Harwood, JJ., concur.