People v. Esquivel

—Crew III, J.

Appeal from a judgment of the County Court of Montgomery County (Sise, J.), rendered June 8, 1998, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Pursuant to a plea-bargaining agreement, defendant waived indictment, consented to the filing of a superior court information charging him with criminal possession of a controlled substance in the fifth degree, pleaded guilty thereto and waived his right to appeal. In exchange, County Court agreed to sentence defendant as a second felony offender to an…