People v. Moore

Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.), rendered July 18, 1994, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

In exchange for his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree, defendant was promised a sentence of 2 to 4 years in prison. However, as a result of defendant’s failure to appear in court on the date scheduled for his sentencing, County Court refused to impose the agreed-upon sentence and instead imposed a sentence as a…