In satisfaction of an indictment charging him with criminal sale of a controlled substance in the third degree, defendant agreed to plead guilty to criminal sale of a controlled substance in the fifth degree and to waive his right to appeal. Under the terms of the plea agreement, he was to be sentenced as a second felony offender to 2½ to 5 years in prison. Prior to sentencing, County Court received a statement pursuant to CPL 400.21 indicating that defendant had been...
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