| People v Faulcon |
| 2013 NY Slip Op 05929 [109 AD3d 1021] |
| September 19, 2013 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, vJerome Faulcon, Appellant. |
—[*1] D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel),for respondent.
Appeal from a judgment of the County Court of Ulster County (Williams, J.),rendered September 7, 2011, convicting defendant upon his plea of guilty of the crime ofaggravated unlicensed operation of a motor vehicle in the first degree (two counts).
Defendant pleaded guilty to an indictment charging him with two counts ofaggravated unlicensed operation of a motor vehicle in the first degree. County Courtagreed, in return, to sentence him to an aggregate jail term of one year with no fines.While County Court sentenced defendant to the contemplated jail term, it furtherimposed a fine of $1,000 on each count. Defendant now appeals.
County Court promised defendant that his sentence would not include a fine, butsuch sentence would have been illegal (see Vehicle and Traffic Law § 511[3] [b]; People v Ryan, 83AD3d 1128, 1130 [2011]). The legal sentence that County Court imposed wasinconsistent with that promise. Although defendant failed to preserve this issue bymoving to withdraw the plea or vacate the judgment of conviction, the sentence mustnevertheless "be vacated, and the matter remitted . . . to afford. . . defendant the opportunity to accept the sentence that was actuallyimposed, or permit him to withdraw his plea of guilty" (People v Figueroa, 82 AD3d1006, 1007 [2011], lv denied 17 NY3d 795 [2011]; see People vRyan, 83 AD3d at 1130; see also People v Galietta, 75 AD3d 753, 754-755 [2010]).
Peters, P.J., Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the judgment ismodified, on the law, by vacating the sentence imposed; matter remitted to the CountyCourt of Ulster County for further proceedings not inconsistent with this Court'sdecision; and, as so modified, affirmed.