Judgment unanimously affirmed.
Memorandum:
At the time defendant entered his plea of guilty to criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31), the People agreed to recommend that he be sentenced to shock probation. After reviewing the presentence report, however, the District Attorney declined to make such a recommendation. Defendant rejected County Court's offer to allow him to withdraw his plea and proceed on the original...
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