Majority
p. 683The People of the State of New York, Respondent, v Armando L. Rodriguez, Appellant.
— Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered February 13, 1990, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the second degree.
Defendant’s contention that the sentence he received was harsh and excessive is without merit. His plea was entered
p. 684
into in full satisfaction of a four-count indictment. At the time of the plea the People recommended the harshest possible sentence of 816 to life (see, Penal Law § 70.00 [2] [a]; [3] [a] [ii]) and County Court specifically informed defendant that he could receive that sentence. In fact, however, at sentencing the People recommended the more lenient sentence of 6 years to life which in fact was the prison sentence imposed by the court. Under these circumstances, and in light of the severity of the crime, a class A-II felony, we find no abuse of discretion by the court in imposing sentence (see, People v Henao, 149 AD2d 531 ; People v Di Orio, 99 AD2d 593 ).
Mahoney, P. J., Casey, Levine, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed.
Cases cited
- People v. Di Orio 99 AD2d 593 p. 684