People v. Tracey

—Spain, J.

Appeal from a judgment of the County Court of Montgomery County (Aison, J.), rendered August 16, 1994, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

In September 1993, defendant was indicted and charged with two counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the third degree for selling cocaine to undercover law enforcement agents on two separate occasions. Defendant ultimately pleaded guilty to one count of criminal…