People v. Weaver

OPINION OF THE COURT

Frank J. LaBuda, J.

*923Defendant Benny Weaver was indicted by an Ulster County Grand Jury on August 13, 2004 and charged by indictment No. 165-04 under count 1 with criminal possession of a controlled substance in the first degree (A-I) and under count 2 with criminal possession of a controlled substance in the third degree (B); both crimes were allegedly committed on June 26, 2004. He is a second felony offender but not a violent offender.

During the course of plea negotiations the defendant was offered by the People a plea to a B felony in satisfaction of the indictment with…