Opinion
December 10, 1992
Appeal from the County Court of Broome County (Mathews, J.).
Defendant was originally sentenced to five years' probation upon his conviction of criminal possession of a controlled substance in the third degree. Defendant contends on this appeal that the 1 1/2 to 5-year prison sentence he received upon the revocation of his probation was harsh and excessive. Defendant admitted that he violated the terms of his probation, including the use of cocaine. Given this admission and the fact that the sentence imposed was consistent with the plea agreement, we find no basis to disturb the sentence imposed by County Court (see, People v Battaglia, 179 A.D.2d 841, lv denied 79 N.Y.2d 943; People v Maye, 143 A.D.2d 483, lv denied 73 N.Y.2d 788).
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.