People v. Smith

Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with burglary in the third degree. He pleaded guilty to that crime and waived his right to appeal. Under the terms of the plea agreement, defendant was required to pay an unspecified amount of restitution and was to be sentenced, as a second felony offender, to 2 to 4 years in prison if he complied with certain conditions of the plea agreement including, among other things, that he abstain from the use of drugs and alcohol. County Court warned defendant that if he violated the terms of his…