People v. Brothers

—Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered May 6, 1998, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

*608Pursuant to a negotiated plea bargain, defendant pleaded guilty to one count of the crime of criminal possession of a controlled substance in the fifth degree and signed a “participation agreement” whereby he consented to participate and complete a “drug court program”. Defendant’s sentencing date was adjourned for this purpose and the agreement clearly stated that,…