Opinion
December 22, 1997
Appeal from the County Court, Westchester County (Murphy, J.).
Ordered that the sentence is modified, on the law, by (1) reducing the term of imprisonment for the defendant's conviction of criminal possession of a weapon in the second degree from 5 to 15 years to 3 to 9 years, and (2) reducing the term of imprisonment for criminal possession of a weapon in the third degree from 2 1/3 to 7 years to 2 to 6 years; as so modified, the sentence is affirmed.
"[I]n most instances when a guilty plea has been induced by an unfulfilled promise either the plea must be vacated or the promise honored" ( People v. McConnell, 49 N.Y.2d 340, 346; see also, People v. Selikoff, 35 N.Y.2d 227, cert denied 419 U.S. 1122). Here, at the plea allocution, the court promised the defendant terms of 3 to 9 years imprisonment on his conviction of criminal possession of a weapon in the second degree and 2 to 6 years imprisonment on his conviction of criminal possession of a weapon in the third degree. The defendant claims, and the People properly concede, that the sentence imposed should be modified to conform with the plea agreement.
Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.