Opinion
July 14, 1997
Appeal from the County Court of Franklin County (Main, Jr., J.).
Defendant pleaded guilty to criminal possession of a controlled substance in the fifth degree in connection with her attempt to smuggle heroin to her son who was an inmate at a State correctional facility. We reject defendant's contention that County Court abused its discretion in imposing a prison term of 1 1/2 to 4 1/2 years. Although the People and Probation Department recommended a more lenient sentence, it is within the discretion of the court to impose an appropriate sentence (see, People v Fitzgerald, 239 A.D.2d 711; People v. Jarvis, 233 A.D.2d 632, 633, lv denied 89 N.Y.2d 943). Considering the serious nature of defendant's crime, the sentence imposed was neither harsh nor excessive.
Cardona, P. J., Mercure, Crew III, Casey and Carpinello, JJ., concur.
Ordered that the judgment is affirmed.