[55 A.D.2d 980 Page 980] Appeal from a judgment of the County Court of Warren County, rendered July 1, 1976, convicting defendant upon his plea of guilty of the crime of incest and sentencing him to an indeterminate term of imprisonment, the maximum of which is four years. On June 10, 1976, after the defendant's arraignment and after plea-bargaining sessions and a prehearing conference, the court, obviously aware of the terms of the understanding between the parties involved, advised the defendant as follows: That as a result of a pre hearing conference the plan for today's proceeding is for you to withdraw your plea of not guilty to the indictment and enter a plea of guilty and that the court will give Mr. Garlick an opportunity to submit a presentence memorandum and that on the 1st of July that this court would sentence you, in the event there is nothing that changes the decision of the court, to an indeterminate sentence not to exceed three years in States Prison. The defendant then entered a plea of [55 A.D.2d 980 Page 981]
