Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: On appeal from a judgment convicting defendant upon his plea of guilty of criminal sale of a controlled substance in the second degree (Penal Law § 220.41 [1]), he contends that County Court improperly imposed an enhanced sentence without affording him an opportunity to withdraw his plea. When a defendant violates a...
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