| People v Bennett |
| 2013 NY Slip Op 04714 [107 AD3d 577] |
| June 20, 2013 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v James Bennett, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Christopher P. Marinelli ofcounsel), for respondent.
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered August18, 2010, convicting defendant, upon his plea of guilty, of burglary in the second degree,and sentencing him to a term of 4½ years, unanimously reversed, on the law, theplea vacated, and the matter remanded for further proceedings.
Defendant pleaded guilty as part of a joint disposition of this case and another case,upon which he would be receiving a concurrent sentence of one year. However, the otherindictment was dismissed, with finality, before defendant's sentencing. The court shouldhave granted defendant's plea withdrawal motion, made on the ground that the plea hadbeen induced by a promise that was ultimately unfulfilled (see People v Monroe, 21NY3d 875 [2013]). The record establishes that defendant's plea was induced in largepart by the court's specific representation that defendant was resolving two pendingprosecutions. "It simply cannot be said on this record that defendant . . .would have pleaded guilty absent this assurance" (id. at 878). As the dismissal ofthe other indictment amounted to a fundamental change in a "condition that induced[defendant's] admission of guilt" (People v Pichardo, 1 NY3d 126, 129 [2003]), he wasentitled [*2]to withdraw his plea (see People v Rowland, 8NY3d 342 [2007]).
Defendant's request for assignment of the case to a different justice is denied.Concur—Mazzarelli, J.P., Renwick, Manzanet-Daniels, Gische and Clark, JJ.