As noted, this period applies to a motion by the People, not to action by the court, sua sponte, to correct the fraud or deceit. And, in People v. Dorsey ( 81 Misc.2d 1073) defendant had entered a plea based upon his lack of any prior criminal record. When it was subsequently learned that he had an extensive criminal history, with several felony convictions, the court held that it was not bound by the initial acceptance of the plea, Justice Moses M. Weinstein observing ( 81 Misc.2d, at 1075): "To sustain the defendant's position would make a mockery of our entire system of justice.
Under such a situation, any plea to a lesser crime would be in violation of law and a nullity. (People v Dorsey, 81 Misc.2d 1073.) In the instant case, however, the record submitted by the People contains only a list of those crimes Mr. Michener had been charged with and the subsequent sentences imposed.