People v. Fortunato

—Peters, J.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered August 25, 1995, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

Defendant was indicted on one count of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the third degree. On July 15, 1994, he pleaded guilty to attempted criminal sale of a controlled substance in the third degree with the express understanding that he would be sentenced as a…