Defendant pleaded guilty to criminal sale of a controlled substance in the fifth degree and was sentenced to the minimum permissible legal sentence, 2 to 4 years, on the understanding that he was a second felony offender. However, it is manifest on the record, and the People acknowledge, that the sentence was improper since there was no complete allocution of defendant pursuant to CPL 400.21. In moving to withdraw a prior guilty plea negotiated for a promised sentence of...
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