Opinion
January 17, 1989
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is reversed, on the law, the defendant's motion is granted, the guilty plea is vacated and the matter is remitted to the Supreme Court, Queens County, for further proceedings.
The Supreme Court should have permitted the defendant to withdraw his plea since it could not honor its promise regarding the sentence due to the defendant's status as a second violent felony offender (see, People v Catalano, 113 A.D.2d 896; People v Powell, 105 A.D.2d 761; People v Rogers, 82 A.D.2d 731, affd 56 N.Y.2d 552). Mangano, J.P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.