People v. Martinez — 184 A.D.2d 885

Majority

p. 885

The People of the State of New York, Respondent, v Elias J. Martinez, Appellant.

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered August 6, 1991, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the fifth degree.

We reject defendant’s contention that the prison sentence he received as a second felony offender of 1% to 3Vz years was harsh and excessive. As a second felony offender, a prison term was mandatory and the most lenient sentence which could have been imposed was lYz to 3 years (Penal Law § 70.06 [3] [e]; [4] [b]). At the time he entered his plea, it was specifically stated that no agreement on sentencing had been made and County Court informed defendant that he could receive a prison term of 2 to 4 years. Under these circumstances, coupled with the fact that the plea was to a reduced

p. 886

charge, we find no abuse of discretion by County Court in imposing sentence (see, People v Dean, 155 AD2d 774 , lv denied 75 NY2d 812 ; People v Henao, 149 AD2d 531 ).

Weiss, P. J., Levine, Mercure, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed.

Cases cited

People v. Dean 155 AD2d 774 N.Y. App. Div. 1989-11-16 p. 886