In this case, defendant man was indicted for two counts of Criminal Sale of a Controlled Substance in the Third Degree, two counts of Criminal Possession of a Controlled Substance in the Third Degree, two counts of Criminal Possession of a Controlled Substance in the Fifth Degree, two counts of Criminal Use of Drug Paraphernalia in the Second Degree, and Unlawful Possession of Marijuana.
The defendant man pled guilty to Criminal Sale of a Controlled Substance in the Third Degree, a B felony. In exchange for his guilty plea, the defendant was to be sentenced to a term of incarceration of either two to six years, if a previous conviction was overturned by the Appellate Division, or a term of four and one-half to nine years, if the previous felony conviction was not reversed and he was considered a predicate felon. At the time of his plea, he was told by the Court that if he failed to return for sentencing he would face eight and one third to twenty-five years or twelve and one half to twenty-five years incarceration, depending on whether he was considered a predicate felon.
The defendant man failed to appear for sentencing and a bench warrant was issued for his arrest. On December 18, 2008, the defendant was returned involuntarily on the outstanding bench warrant after being arrested for burglary. At that time, the defendant also had a pending indictment for Bail Jumping in the First Degree, as a result of his failure to return for sentencing. The defendant man was finally sentenced in this matter to an indeterminate term of imprisonment of seven to twenty-one years. He is currently incarcerated pursuant to this sentence.