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PEOPLE v. TORRES

4 A.D.3d 624 (2004)

772 N.Y.S.2d 125

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR RAFAEL TORRES, Appellant.

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

February 19, 2004.

Cardona, P.J.

In January 2002, defendant pleaded guilty to criminal possession of a controlled substance in the first degree stemming from the seizure in May 2001 of approximately 38 pounds of cocaine in the City of Schenectady, Schenectady County. Pursuant to a plea agreement, defendant waived his right to appeal and the People recommended a prison sentence of 16½ years to life. At his March 2002 sentencing, defendant, for the first time,

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