Defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree. Although the terms of the negotiated plea called for a waiver of defendant's right to appeal, the record fails to establish that defendant, either during the plea colloquy or in writing, waived his right to appeal. Defendant was sentenced in accordance with the plea agreement to a prison term of 3 to 9 years with a recommendation that he be permitted to participate in a shock...
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