It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant pleaded guilty to two counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) in exchange for a sentence commitment of a term of imprisonment of 4½ to 9 years. County Court advised defendant that it would not be bound by its sentencing promise if he was arrested before sentencing. Defendant...
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