Opinion
June 22, 1990
Appeal from the Oswego County Court, Auser, J.
Present — Denman, J.P., Boomer, Pine, Balio and Lawton, JJ.
Judgment unanimously reversed on the law and matter remitted to Oswego County Court for further proceedings, in accordance with the following memorandum: The court erred in denying defendant's application to withdraw his guilty plea. The plea was induced by the promise of a specific sentence and, upon the court's refusal to impose the promised sentence, defendant should have been permitted to withdraw the plea (see, People v. Frederick, 45 N.Y.2d 520, 524; People v. Selikoff, 35 N.Y.2d 227, 240-241, cert denied 419 U.S. 1122; People v. Rosenberg, 148 A.D.2d 346, 347). Accordingly, we vacate the plea and sentence and remit this matter for further proceedings.