In May 2003, defendant waived indictment and agreed to be prosecuted by a superior court information charging him with criminal possession of a controlled substance in the fifth degree and criminal possession of a weapon in the third degree, both class D felonies. He subsequently pleaded guilty to the charges and waived his right to appeal. In exchange, defendant was to be sentenced as a second felony offender to prison terms of 2 to 4 years on the drug charge and 3 to 6...
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