People v. Reap

Appeal from an order of the County Court of Chemung *965County, entered March 16, 1978, which granted defendant’s motion to withdraw his plea of guilty and dismissed the indictment charging him with attempted criminal sale of a controlled substance in the sixth degree and grand larceny in the third degree. On April 21, 1977 the defendant sold some tablets to an undercover police agent for $1,250. At the time of sale the defendant advised the police officer that the tablets were "speed”. Defendant was subsequently arrested for the sale of drugs. However, a laboratory check of the tablets indicated…