No questions of fact were considered on this appeal. Defendant pleaded guilty to attempted possession of narcotic drugs as a felony under the second count of the indictment (cf. Penal Law, § 1751, subd. 3) and to possession of narcotic drugs as a misdemeanor under the third count of the indictment (cf. Penal Law, § 1751-a). He was adjudged a multiple narcotics misdemeanant and was sentenced to a term of 2½ to 3 years on the felony charge, with execution of...
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