Kavanagh, J.
In 2003, defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree and waived his right to appeal in return for an agreement that he receive a prison sentence of 3 to 6 years. When defendant failed to appear at sentencing, a warrant was issued for his arrest and, after being apprehended, he was sentenced as a predicate felon to a prison term of 4 to 8 years. While defendant's direct appeal of this conviction was pending...
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