Opinion
February 16, 1989
Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).
Defendant was sentenced in accordance with the terms of his plea bargain to concurrent terms of six years to life for attempted criminal sale of a controlled substance and attempted criminal possession of a controlled substance. As is now apparent, the court and the parties were unaware that the crimes to which defendant pleaded and for which he was sentenced were A-1 felonies for which the minimum legally permissible sentence was a term of 15 years. The sentences falling short of the mandatory minimum term must be vacated as must the plea which was made in good-faith reliance upon the promise of a minimum prison term of six years. We remand for "a form of disposition somewhat approximating the result originally contemplated." (People v Rodriguez, 70 A.D.2d 509.)
Concur — Murphy, P.J., Sullivan, Asch, Kassal and Rosenberger, JJ.