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PEOPLE v. HOWARD

1 A.D.3d 718 (2003)

766 N.Y.S.2d 641

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC HOWARD, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 13, 2003.

Mugglin, J.

Defendant's plea to criminal possession of a controlled substance in the fifth degree was entered in full satisfaction of a multiple count indictment alleging sale of heroin to an undercover officer. As part of the plea bargain, defendant waived his right to appeal and the People agreed to recommend a prison sentence of 2 to 6 years with diversion to a drug treatment program. Despite a Parker admonition, defendant abandoned

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