Defendant was indicted for two counts of the crime of criminal sale of a controlled substance in the third degree, a class B felony (see, Penal Law § 220.39 [1]). Following plea-bargaining negotiations, defendant pleaded guilty to one count of criminal sale of a controlled substance in the third degree. He was sentenced as indicated at the time of his plea and in accord with the plea agreement as a second felony offender to an indeterminate...
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