Defendant was indicted for criminal sale of a controlled substance in the third degree, a class B felony; he allegedly sold 0.75 grams of cocaine to a police informant. During his trial on that charge, defendant, on the advice of counsel, pleaded guilty to a class D felony and received a bargained-for sentence of 2 to 4 years' incarceration. Following his plea, defendant, pursuant to CPL 400.21, challenged the validity of his prior felony...
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