PEOPLE v. SMITH

2016-09819, 2016-09999.

160 A.D.3d 664 (2018)

73 N.Y.S.3d 600

2018 NY Slip Op 02345

The People of the State of New York, Respondent, v. Anthony Smith, Appellant.

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

Decided April 4, 2018.


Ordered that the judgments are affirmed.

The defendant was charged in two separate indictments with criminal sale of a controlled substance in the third degree. On July 15, 2016, he pleaded guilty to those charges, in exchange for a promised sentence of concurrent determinate terms of imprisonment of four years plus two years of postrelease supervision, and purportedly waived his right to appeal. A condition of the plea was that he come "back here for sentencing on...

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