Opinion
December 5, 1991
Appeal from the Supreme Court, Albany County (Harris, J.).
We reject defendant's contention that the prison sentence he received as a second felony offender of 2 to 4 years was harsh and excessive. The crime he pleaded guilty to was a class D felony while the crime he was originally indicted for was a class B felony. Furthermore, the sentence was the most lenient sentence defendant could have received (see, Penal Law § 70.06 [d]; [4]) and was in accordance with the plea bargain. Under these circumstances, we find no abuse of discretion by County Court in imposing sentence (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899; People v Gray, 131 A.D.2d 590).
Casey, J.P., Weiss, Levine, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed.