People v. Arnett

—Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered June 21, 2001, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

• In exchange for defendant’s plea of guilty to the crime of criminal sale of a controlled substance in the fifth degree, it was agreed that he would be sentenced as a second felony of*749fender to a prison term of 2V2 to 5 years. The agreement was conditioned upon defendant’s appearance at the sentencing hearing before County Court and his abstention from additional criminal…