In September 1999, defendant pleaded guilty to two counts of attempted criminal sale of a controlled substance in the third degree (Penal Law §§ 110.00, 220.39 [1]) and, pursuant to his plea agreement, defendant was to be sentenced, as a second felony offender, to two concurrent terms of incarceration of 3 to 6 years. In February 2000, defendant informed the court through counsel that he had been suffering from Acquired Immune Deficiency Syndrome (AIDS) for several...
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