People v. Ellis

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered April 17, 2006, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

Defendant pleaded guilty to criminal sale of a controlled substance in the fifth degree and was sentenced, in accordance with a plea agreement, as a second felony offender to a three-year prison term. The basis for sentencing defendant as a second *1198felony offender was a February 1993 conviction of reckless endangerment in the first degree, which he admitted. On appeal,…