People v. Richards

OPINION OF THE COURT

Ira B. Harkavy, J.

Defendant, Gregory Richards, moves to dismiss indictments *425Nos. 9424/91 and 2755/92 in the furtherance of justice, pursuant to CPL 210.40 (1).

The defendant is charged under indictment No. 9424/91 with the offense of criminal sale of a controlled substance in the third degree et al., and under indictment No. 2755/92 with the offense of criminal possession of a controlled substance in the third degree et al.

On April 15, 1992 the defendant entered pleas of guilty to each of the above indictments with the court’s promise that in the event (1) the defendant…