People v. Dilone

—Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered April 27, 1998, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

The record indicates that defendant arranged, while incarcerated, to sell a quantity of heroin to an undercover agent through a surrogate. Defendant thereafter pleaded guilty to the crime of criminal sale of a controlled substance in the fifth degree in satisfaction of a two-count superior court information. In accepting the plea, County Court made no commitment as to…