People v. Cuti

— Appeal from a judgment of the County Court of Greene County (Battisti Jr., J.), rendered June 26, 1990, which resentenced defendant following his conviction of the crime of criminal sale of a controlled substance in the third degree.

Defendant claims that County Court improperly denied his motion for a hearing to determine whether he had provided the "material assistance” required under Penal Law § 65.00 (1) (b) to qualify for lifetime probation. At the time of defendant’s plea, the People indicated that they would recommend a prison sentence of 4 Vi to 9 years with a "possibility” of…