People v. Miller

Appeal from a judgment of the County Court of Albany County (Lamont, J.), rendered April 30, 2009, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

Pursuant to a plea bargain, defendant pleaded guilty in March 2009 to attempted criminal sale of a controlled substance in the third degree in exchange for a prison sentence of 41/2 years followed by three years of postrelease supervision. At sentencing, with the People’s consent, County Court sentenced defendant as a second felony offender to a reduced term of four…