People v. McKenzie

—Mikoll, J.

Appeal from a judgment of the County Court of Schenectady County (Harrigan, J.), rendered November 7, 1994, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

On October 5, 1994, two accusatory instruments were filed against defendant; one charging him with criminal sale of a controlled substance in the third degree and the other charging him with criminal possession of a weapon in the third degree. After waiving indictment, defendant entered a plea of guilty to a single charge of criminal sale of a controlled…