Appellate Division of the Supreme Court of the State of New York September 26, 2002 (People v. Johnson)

—Mugglin, J.

In February 2001, defendant pleaded guilty to a one-count superior court information charging him with criminal possession of a controlled substance in the fifth degree. Pursuant to the plea agreement, defendant waived his right to appeal and the People recommended an indeterminate sentence of D/s to 4 years in prison.