People v. Tole

Appeals (1) from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered January 8, 2013, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree, and (2) from a judgment of said court, rendered January 8, 2013, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Defendant was originally charged in an indictment with promoting prison contraband in the first degree. Although County Court dismissed the indictment on the basis that defendant…