People v. Guillermo — 254 A.D.2d 527

Majority

p. 527

The People of the State of New York, Respondent, v Jose Guillermo, Also Known as Jose Guillen, Appellant.

[679 NYS2d 346]

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered November 3, 1997, convicting defendant upon his plea of guilty of the crime of

p. 528

criminal possession of a controlled substance in the second degree.

Pursuant to a plea agreement, defendant pleaded guilty to the crime of criminal possession of a controlled substance in the second degree and was sentenced as a second felony offender to a prison term of SVs years to life. Defendant contends that the sentence imposed is harsh and excessive. We disagree. Given defendant’s prior drug-related conviction as well as the fact that defendant agreed to the sentence as part of the plea bargain, we decline to disturb the sentence imposed (see, People v Thompson, 234 AD2d 709 , 710, lv denied 89 NY2d 1016 ; People v Thompson, 233 AD2d 615 ).

Cardona, P. J., Mikoll, Mercure, Crew III and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

Cases cited

People v. Thompson 234 AD2d 709 N.Y. App. Div. 1996-12-12 at 710 p. 528