As the People correctly concede, defendant's waiver of indictment and consent to be prosecuted by superior court information for criminal sale of a controlled substance in the first and second degrees, both class A felonies, were invalid under CPL 195.10 (1) (b), and the third-degree sale conviction under the indictment must also be vacated because the plea was entered with the promise and understanding that the sentence imposed would run concurrently with the sentence imposed...
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