Appellate Division of the Supreme Court of the State of New York July 12, 1996 (People v. Kelly)

—Judgment unani*938mously modified on the law and as modified affirmed and matter remitted to Monroe County Court for further proceedings in accordance with the following Memorandum: Pursuant to a plea and sentence agreement, defendant pleaded guilty to one count of rape in the first degree based upon County Court’s promise to sentence defendant as a second felony offender to an indeterminate