PEOPLE v. RIVERA


24 A.D.3d 367 (2005)

806 N.Y.S.2d 537

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM RIVERA, Appellant.

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

December 29, 2005.


In December 1997, defendant was arrested for selling a vial of crack cocaine to an undercover officer. On December 11, 1997, defendant agreed to waive his right to indictment, and to plead guilty to attempted sale of a controlled substance in the fifth degree, with a promised sentence of 1½ to 3 years and with the agreement that the defense and prosecutor would ask for an evaluation by the Drug Treatment Alternative to Prison program (DTAP), to determine if defendant...

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