In 2013, defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree and waived the right to appeal. County Court (Herrick, J.) sentenced him, as a second felony drug offender, to time served and five years of probation, with the understanding that if defendant violated his probation he would be sentenced to a term of imprisonment of between seven and eight years. Defendant subsequently admitted to violating his probation and again waived...
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