Answer : An error in judgment.
On accepting the plea to the reduced crime, the court is free to impose a sentence of parole supervision with or without the People's consent. The charged crime is a "specified offense" pursuant to CPL 410.91 for which the sentence of parole supervision is authorized. The attempt to commit that crime is also a specified offense, pursuant to CPL 410.91(5). However, the People's consent to the parole sentence is required only where the sentence is imposed for a class D felony (CPL 410.91(4)). By consenting to the reduction to a class E felony, the prosecutor has ceded to the court the discretion to decide whether the sentence will be imposed.GungaWeb handles the question like this:
Click on Article 165, then PL 165.50 to retrieve the charge. Scroll down to the Sentences function area, and use the drop-down list controls to select Attempted offense and Second Felony Offender. Click on Sentences to obtain the following Sentencing Report.