Opinion
November 16, 1990
Appeal from the Oneida County Court, Darrigrand, J.
Present — Doerr, J.P., Boomer, Pine, Lawton and Davis, JJ.
Judgment unanimously reversed on the law, plea vacated, and matter remitted to Oneida County Court for further proceedings on the indictment. Memorandum: Defendant's plea of guilty to burglary in the third degree was expressly conditioned upon the court's promise that the sentence imposed would run concurrently with that imposed on a prior conviction for burglary in the third degree and grand larceny in the third degree. Because we herein reverse that prior conviction (see, People v. Kessler [appeal No. 1], 167 A.D.2d 947 [decided herewith]), defendant's guilty plea must be vacated (see, People v. Fuggazzatto, 62 N.Y.2d 862).