People v. Nieves

OPINION OF THE COURT

Carol Berkman, J.

FACTS

Under indictment No. 13399/92, defendant, Alice Nieves, *721was charged with two counts of criminal sale of a controlled substance in the third degree. On June 25, 1993, defendant pleaded guilty to the reduced charge of criminal sale of a controlled substance in the fifth degree in full satisfaction of the indictment. Defendant had one prior felony drug conviction under indictment No. 1771/91 for which she had received an unconditional discharge.

On October 13, 1993, the unconditional discharge that had been imposed on defendant under indictment No.…