Opinion
May 16, 1991
Appeal from the County Court of Sullivan County (Hanofee, J.).
We reject defendant's contention that the sentence he received upon his plea of guilty to the crime of grand larceny in the fourth degree was harsh and excessive. Although the sentence was the harshest which could be imposed, it was in accordance with the plea-bargain agreement (see, People v Mackey, 136 A.D.2d 780, lv denied 71 N.Y.2d 899). Furthermore, another more serious charge was dropped as a result of the plea agreement. Under these circumstances and given defendant's criminal background, we cannot say that County Court abused its discretion in sentencing defendant as a second felony offender to a prison term of 2 to 4 years (see, People v Dean, 155 A.D.2d 774, lv denied 75 N.Y.2d 812). We have considered defendant's remaining contentions and find them lacking in merit.
Judgment affirmed. Mahoney, P.J., Casey, Weiss, Yesawich, Jr., and Harvey, JJ., concur.