Spain, J.
Defendant, a prison inmate, was convicted after a jury trial of promoting prison contraband in the first degree based upon his possession of a weapon. At sentencing, defendant agreed to waive his right to appeal all issues except the excessiveness of the sentence in return for the People's concession not to pursue persistent felony offender treatment. Defendant was sentenced as a second felony offender to the maximum possible indeterminate term of 3½...
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