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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD SMITH, Appellant.

Ordered that the judgment is modified, by vacating the sentence imposed; as so modified, the judgment is affirmed and the case is remitted to the County Court, Rockland County, for further proceedings consistent herewith.

Since the court was unable to fulfill its sentence promise, the matter should be remitted for resentencing so as to afford the defendant the opportunity to withdraw his plea of guilty ( see, e.g., People v. Selikoff, 35 N.Y.2d 227, 241; People v. John C., 184 A.D.2d 519).

Rosenblatt, J.P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.

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PEOPLE v. SMITH
(Jan 12, 1998)