People v. Foster

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered January 28, 2004, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Pursuant to a plea agreement, defendant pleaded guilty to criminal sale of a controlled substance in the third degree in satisfaction of several charges contained in two separate indict*840ments pending against him in Albany County, with the understanding that a prison sentence of 6 to 18 years would be imposed. Prior to sentencing, defendant moved to withdraw his plea,…