People v. Cuevas

—Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered July *8057, 1995, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant, who was indicted on two counts of criminal sale of a controlled substance in the second degree, pleaded guilty to criminal sale of a controlled substance in the third degree in satisfaction of the indictment. Defendant’s plea was entered into with the express understanding that he was waiving his right to appeal and would be sentenced as a second felony offender to a…