Appellate Division of the Supreme Court of the State of New York June 12, 2008 (People v. Martin)

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered September 16, 2005, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

Defendant was charged with five counts of criminal possession of a controlled substance in the third degree.