People v. Clapper

Defendant waived indictment and pleaded guilty to two counts of criminal sale of a controlled substance in the fifth degree as charged in a superior court information. Under the terms of the plea agreement, defendant was to be sentenced to time served on one of the counts and five years of probation on the other. County Court, however, warned defendant that if he was arrested between the time of the plea and sentencing, it would not be bound by the agreement and could sentence him to up to four years on each count, to run consecutively. Defendant was arrested for petit larceny prior to…