MERCURE, J.
Defendant was indicted for criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, both class B felonies. Defendant agreed to plead guilty to one count of attempted criminal sale of a controlled substance in the third degree, a class C felony (see Penal Law § 110.05 [4]), in full satisfaction of the indictment. As part of the plea agreement, defendant waived his right...
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