People v. Ross

Peters, EJ.

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered January 7, 2013, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Defendant pleaded guilty to an indictment charging him with criminal possession of a controlled substance in the fifth degree, upon the understanding that he would receive a sentence of probation so that he could work and attend college without interruption. County Court proved unwilling to impose a sentence of probation given defendant’s eventful criminal…