v.

MARTIN CERULLO, Appellant.

Submitted By: Carol Castillo (counsel for the appellant); Lawrence J. Schwarz (counsel for the respondent)

Judgment Reversed / Accusatory Instruments Dismissed: Andrew J. DiPaola, P.J.; Angelo J. Ingrassia & Louis C. Palella, JJ.

DECISION OF THE COURT

<SM-1>

Appeal by defendant from judgments of the District Court, Nassau County (S. M. Levine, J.), rendered August 4, 1998, convicting him of petit larceny (Penal Law § 155.25), unlicensed operation of a motor vehicle in the third degree (Vehicle and Traffic Law § 511[1]), and driving with no seat belt (Vehicle and Traffic Law § 1229[c][3]) and imposing sentence of one year's incarceration on the petit larceny charge, thirty days' concurrent on the unlicensed operation charge and a conditional discharge on the seat belt violation.

Judgments of conviction unanimously reversed on the law and accusatory instruments dismissed. <SM-2>

The court erred in failing to honor its commitment to allow defendant an opportunity to withdraw his guilty plea at the time it imposed the maximum sentence on the petit larceny charge. Since defendant has completed serving the sentences, the judgments of conviction should be reversed and the accusatory instruments dismissed (see, People v. Flynn, 79 NY2d 879).

__