Kane, J.
In March 1997, defendant was charged in a superior court information with the crime of criminal possession of a controlled substance in the fifth degree. Following plea negotiations, defendant pleaded guilty to the crime charged and waived his right to appeal. In exchange, defendant was to receive a sentence of 90 days in jail and five years' probation. Approximately 2½ years after defendant failed to appear for sentencing, a bench warrant was issued...
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