Ordered that the sentence is affirmed.
On February 3, 2009, the defendant pleaded guilty to operating a motor vehicle while under the influence of alcohol as a felony in violation of Vehicle and Traffic Law § 1192 (2) and operating a motor vehicle while under the influence of alcohol as a felony in violation of Vehicle and Traffic Law § 1192 (3), in exchange for a promised sentence of a "cap [of] county [jail] time." The County Court conditioned its sentencing...
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