Opinion
May 13, 1996
Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).
Ordered that the order is reversed, on the law, the motion is granted, the sentence is vacated, and the matter is remitted to the County Court, Orange County, to give the defendant an opportunity to withdraw his plea of guilty.
At the plea proceeding, the prosecutor and the court agreed to an indeterminate sentence of one to three years in return for the defendant's plea of guilty. At sentencing, the court enhanced the sentence by adding a $1,000 fine. The People concede that the matter should be remitted to the County Court to give the defendant an opportunity to withdraw his plea ( see, People v Schultz, 73 N.Y.2d 757; People v. Easterling, 191 A.D.2d 579).
The defendant's remaining contentions are without merit. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.