In satisfaction of an eight-count indictment, defendant pleaded guilty to the crime of scheme to defraud in the first degree and waived his right to appeal. Under the terms of the plea agreement, defendant was permitted to withdraw his plea and to plead guilty to a misdemeanor if he made restitution before the date of sentencing. If he did not, he was to be sentenced to a term of imprisonment to be determined by County Court in its sole discretion. During the plea proceedings...
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