People v. Gibson

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered April 22, 2005, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

Pursuant to a negotiated plea agreement which included the *778waiver of the right to appeal, defendant pleaded guilty to the reduced charge of criminal sale of a controlled substance in the fifth degree. While County Court informed defendant of the permissible range of sentencing which could be imposed, it instructed defendant that it was making no sentencing commitment.…