People v. Wallach

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered July 1, 2005, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.

Defendant entered an Alford plea of guilty to criminal sale of a controlled substance in the third degree following his sale of *914heroin to a confidential police informant in 2003. In accordance with the plea agreement, he was sentenced as a second felony offender to 5 to 10 years in prison. His subsequent CPL article 440 motion was denied and he was denied permission to appeal…