People v. Howard

Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered June 6, 2002, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Defendant’s plea to criminal possession of a controlled substance in the fifth degree was entered in full satisfaction of a multiple count indictment alleging sale of heroin to an undercover officer. As part of the plea bargain, defendant waived his right to appeal and the People agreed to recommend a prison sentence of 2 to 6 years with diversion to a drug treatment…