People v. Fleming

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered September 30, 2005, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Waiving his right to appeal, defendant pleaded guilty to criminal possession of a controlled substance in the fifth degree, with the understanding that he would be sentenced to to 5 years in prison. At the time of the plea, County Court informed defendant that an enhanced sentence of SVa to 7 years in prison could be imposed if he did not abide by the conditions of…