— Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered January 11, 2011, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree.
Lahtinen, J.E, Stein, Spain and Garry, JJ., concur. Ordered that the judgment is affirmed.
While defendant agreed to waive his right to appeal as part of the plea agreement, the People have disavowed any contention that he in fact did so.
