People v. Rolley

Appeal from a judgment of the County Court of Franklin County (Clute, J.), rendered January 19, 2011, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

In satisfaction of a superior court information and other pending charges, defendant pleaded guilty to criminal possession of a controlled substance in the fifth degree. In addition, defendant agreed to pay restitution and executed a waiver of his right to appeal in open court. Although the People agreed to recommend a sentence of two years in prison followed by two…