PEOPLE v. SMITH

103350.

85 A.D.3d 1490 (2011)

925 N.Y.S.2d 913

2011 NY Slip Op 5587

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSHUA O. SMITH, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 30, 2011.


Defendant was charged in an indictment with multiple drug-related crimes and, after a jury was unable to render a verdict, a mistrial was declared and a new trial was scheduled. Prior to the commencement of the new trial, defendant pleaded guilty to criminal sale of a controlled substance in the fourth degree and waived his right to appeal. In accordance with the plea agreement, he was sentenced as a second felony offender to 1½ years in prison, to be followed by 1&...

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