Judgment, Supreme Court, New York County (Charles J. Tejada, J.), rendered October 15, 2008, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree and sentencing him, as a second felony drug offender, to a term of 4 years, unanimously modified, as a matter of discretion in the interest of justice, to reduce defendant's prison sentence to a term of 31/2 years, and otherwise affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Sweeny, Renwick, Abdus-Salaam, Manzanet-Daniels, JJ.
At the plea, defendant was repeatedly advised by the court that if he complied with all of the conditions of the plea agreement he would be allowed to replead to a D felony and be sentenced to a prison term of 11/2 years instead of getting a prison term of 31/2 years. However, when defendant violated the conditions of the plea, the court sentenced him to a prison term of 4 years.
Under these circumstances, we are of the opinion that defendant is entitled, as a matter of essential fairness, to specific performance of the plea bargain and a reduction of the prison term to 31/2 years. An objective reading of the plea bargain can leave no doubt that defendant's relied on a 31/2-year term and this understanding should be honored (see People v Jones, 75 AD2d 734 ).
We have considered and rejected defendant's ineffective assistance of counsel argument.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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